Tolls must reflect the quality of infrastructure; charging during poor conditions violates fair service principles.

JUDGMENT :

(Per Tashi Rabstan,CJ)

1. The petitioner through the medium of this Public Interest Litigation seeks a direction to the respondents to exempt the Toll Tax at Lakhanpur Toll Plaza, Kathua; Thandi Khui Toll Plaza and Ban Toll Plaza, Nagrota, Jammu till the National Highway commencing from Pathankot to Udhampur under the project, titled, Delhi-Amritsar-Katra Expressway gets fully operational for smooth utilization of the public.

2. It is averred that the stretch of National Highway-44 from District Pathankot (Punjab) to District Udhampur (UT of J&K) is undergoing construction under the project Delhi-Amritsar-Katra Expressway and about 60% to 70% of this stretch is under construction since December, 2021, yet the general public is being charged Toll Tax at Lakhanpur Toll Plaza, Thandi Khui Toll Plaza and Ban Toll Plaza despite the fact that such collection of fee levied ought to be commenced within 45 days from the date of completion of the section of National Highway in terms of Rule 3(1) and 3(2) of National Highways Fee (determination of Rates and Collection) Rules, 2008. Further, it is averred that there are grave hurdles, diversions due to complete destruction of National Highway. Not only this, the daily travel time for the residents in the region has significantly increased between three to four hours due to the construction activities leading to improper road availability, which has further led to extra burden on the fuel consumption in addition to causing wear and tear to the vehicles. Therefore, it is averred that the respondents in terms of the rule position cannot charge toll tax at these three Toll Plazas before the completion of the project.

3. Objections have been filed on behalf of respondents. It is averred that as regards collection of toll tax at Thandi Khui Toll Plaza, the same has been closed with effect from 26.01.2024 by redistributing the influence length from Lakhanpur to Udhampur among Lakhanpur and Bann Toll Plazas. It is further averred that only the brown field portion is undergoing widening or construction of elevated structures wherein service road/diversions have been provided for the movement of traffic. Further, only 32 km stretch is undergoing widening from Kunjwani to Udhampur out of the total completed 4-lane stretch of 80 kms. The project from Pathankot to Jammu commenced on 26.09.2022 and from Jammu to Katra commenced in June 2023. NHAI is collecting user fee for completed 4-lane stretch of NH-44 from Pathankot to Udhampur at Lakhanpur, Thandikhui and Bann Toll Plazas at the rates applicable as per NH Fee Rules. It is further averred that the Government of India Gazette Notification No.H-25016/2/2011-P&P (Toll) dated 16.12.2013 stipulates reduction of user fee rates by 25% for the stretches under widening. Further, National Highway Authority of India has reduced the toll rates separately after damage caused to the Tarhan Bridge over Ujh River in July 2023 and no toll, is being charged for the bridge as well as its 8.8 km long approach road which was officially closed for the purpose of diversion through existing BRO road. Also, requisite reduction for stretches under widening to six lane expressway has already been done. National Highway Authority of India (NHAI) was collecting user fee for completed 4-lane stretch of NH-44 from Pathankot to Udhampur at Lakhanpur, Thandikhui and Bann Toll Plazas at the rates applicable as per NH Fee Rules. NHAI acknowledges the discomfort on account of widening along with existing highway and, therefore, reduction in toll rates as per MoRTH guidelines to 75% of the applicable rates has already been done at the toll plazas.

4. Heard learned counsel appearing for the parties, considered their rival contentions and also perused the file.

5. The m