Himachal High Court Ties Toll Collection to 10-Day Highway Repair Ultimatum

Shimla, India – In a significant assertion of judicial oversight over public infrastructure projects, the Himachal Pradesh High Court has issued a stark ultimatum to the National Highways Authority of India (NHAI). A Division Bench has mandated that the NHAI complete all pending repair and maintenance work on the beleaguered Parwanoo-Shimla National Highway within 10 days, making the resumption of toll collection contingent upon satisfactory compliance.

The order, delivered by a bench comprising Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj on November 4, 2025, stipulates that the suspension of toll collection at the Sanwara toll plaza will only be lifted from November 12, 2025, if the highway is rendered fully "traffic-worthy." This conditional directive underscores the court's mounting impatience with the protracted delays and persistent safety hazards that have plagued the critical four-laning project for years.

The case, initiated as a suo motu public interest litigation in 2017 ( Court on its own motion v/s National Highway Authority of India & Ors. , CWPIL No. 249 of 2017), highlights the judiciary's role in enforcing the accountability of public authorities. The next hearing is scheduled for November 11, where the court will review the NHAI's compliance.

Background: A Project Plagued by Delays and Disrepair

The Parwanoo-Shimla highway four-laning project, originally slated for completion in April 2021, has been delayed by more than six years. The ongoing construction and poor maintenance have led to severe public hardship, including frequent landslides, traffic disruptions, and unsafe road conditions.

The court's direct intervention escalated on September 18, 2025, when it ordered the immediate suspension of toll collection at the Sanwara plaza. The bench acted after noting the "pitiable condition" of several highway stretches, particularly near Kandaghat, Datyar, and Chakki, and the absence of adequate facilities for commuters. This move effectively weaponized the NHAI's revenue stream as a lever to compel remedial action, a decision that has resulted in a reported revenue loss of ₹4.53 crore for the authority between September 20 and October 31 alone.

In response to the court's earlier orders, the NHAI submitted status reports on October 30 and November 4, detailing repair efforts. While acknowledging that "substantial progress" had been made on six majorly affected locations, the court observed that significant issues persisted. Debris, muck, blocked drains, and damaged road portions, particularly near Deventure Hotel and the Kandaghat approach road, continue to pose risks.

The court's own observations were validated by the NHAI's admission that the highway had suffered serious damage, evidenced by the allocation of ₹15.20 crore for a one-year maintenance contract awarded to M/s NH Construction Pvt Ltd.

The Court’s Directives: A Blueprint for Compliance

The latest order is not merely a deadline but a comprehensive set of directives aimed at ensuring swift and unhindered completion of the necessary work. Recognizing that local interference has obstructed progress, the court has taken a firm stance.

The bench directed the state government to provide necessary police support to the NHAI to overcome local obstructions, particularly from shopkeepers during the rectification of the Kandaghat market road. In a pointed remark, the bench stated, "The said persons cannot hold the maintenance at ransom and the State will take necessary steps to ensure that proper force is provided when the maintenance work is being carried out. Efforts shall be made to do it in the early morning or late at night.”

Further specific instructions include: * Debris and Drain Clearance: Complete clearance of all debris, muck, and blocked drains to ensure proper water flow and prevent further road damage. * Blacktopping: Urgent blacktopping of the Boileauganj U-turn in Shimla within 10 days to address dust pollution, with the Shimla Municipal Corporation ordered to coordinate. * Inter-Agency Cooperation: The court has mandated cooperation from the district administration and the state government to ensure no hindrances are caused to slope protection and maintenance work.

Legal Implications and Judicial Activism

This case serves as a powerful example of judicial activism in the realm of public welfare and administrative accountability. By linking toll collection directly to the condition of the road, the High Court has established a potent enforcement mechanism that transcends mere issuance of directions. For legal practitioners in administrative and infrastructure law, this approach offers a compelling precedent for seeking tangible relief against non-performing government agencies.

The court's reliance on the suo motu PIL, coupled with the proactive assistance of Amicus Curiae Ganesh Barowalia, demonstrates the judiciary's capacity to act as a guardian of public interest when executive bodies fail in their duties. The court explicitly appreciated the "valuable inputs" of the Amicus Curiae in ensuring accountability.

The order also highlights the delicate balance between developmental objectives and public safety. While the NHAI has cited project progress—such as the completion of 18.988 km of the 21.510 km Solan-Kaithlighat section—the court has unequivocally prioritized the immediate safety and convenience of commuters over long-term completion timelines, which extend to March 2026 for slope protection and June 2026 for the Kandaghat bypass.

As the November 11 hearing approaches, the NHAI is under immense pressure to demonstrate concrete results. The High Court's unwavering stance suggests that any failure to meet the 10-day deadline will result in the continued suspension of toll collection, reinforcing the principle that the right to collect revenue from a public utility is inextricably linked to the duty to provide a safe and serviceable facility.