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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Tashi Rabstan, CJ., M.A. CHOWDHARY
Sugandha Sawhney, D/O Kamal Sawhney – Appellant
Versus
Union of India , through Secretary, Ministry of Road, Transport & Highways, Transport Bhawan – Respondent
| Table of Content |
|---|
| 1. petitioner seeks toll exemption (Para 1) |
| 2. respondents justify toll collection (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. pil allowed with directions (Para 18 , 19) |
JUDGMENT :
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.
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 o
Tolls must reflect the quality of infrastructure; charging during poor conditions violates fair service principles.
Writ petitions became infructuous due to the government halting toll plaza operations, leaving petitioners free to take further action if necessary.
The decision of technical experts should be carefully considered, and public projects of national importance should not be lightly interfered with by the Court.
Rule 3A of the Jharkhand Highways Fee Rules requires notifications for Composition User Fee levy; its absence invalidates the fee under the Indian Toll Act, emphasizing requirements for legal taxatio....
Toll once collected, same cannot be returned to road users.
it appropriate to exercise writ jurisdiction under Article 226 in the aforesaid peculiar circumstances for the limited purpose of interim protection while relegating the parties to arbitration.
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