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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 :
(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 Highwa
Tolls must reflect the quality of infrastructure; charging during poor conditions violates fair service principles.
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....
The court affirmed the Union's authority to collect fees for National Highways under the National Highways Act, ruling that state powers do not impede this legislative competence.
Toll once collected, same cannot be returned to road users.
Writ court cannot decide disputed facts without pleadings and evidence; limited to affidavits submitted.
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