Nueva Delhi: In an order that probably has broader ramifications, the Superior Court of J & K and Ladakh has said that if the road is in poor condition “due to the different nature of construction activities”, the Nhai or your concessionaire cannot charge taxes to travelers who use it.
Upon listening to a Pil with respect to the Pathankot-Udhampur section of NH-44, the Bank of the President of Justice Tashi Rabstan and Judge Ma Choudhary ordered on Tuesday the Nhai that collects only 20% of the effect, with immediate effect, in two toll seats, Lakhanpur and Bann, until the NH of Lakhanpur a Udhampur is fully operational healthy use.
The court also ordered that no place establish within 60 km of NH-44 and instructed the elimination of such places in the two territories of the Union within two months. “In addition, there should be no honor of the toll places in the UT of J & K and the UT of Ladakh only with the sole objective and the goal of coining money from the general public,” the bank said.
Although the NHAI has the power to suspend or reduce the “user rate” popularly known as toll in unfinished or ruins, it has rarely used this provision. Bad maintenance, driving quality and deviations during project expansion have been the main irritants for travelers, since they are made to pay the user’s complete rate without obtaining the desired benefit.
A Sowhney Sugandha had presented the Pil that sought the toll exemption in Lakhanpur, Thandi Khui and Bann Plazas on the National Highway from Pathankot to Udhampur, where the construction is underway as part of the project of the expression of delhi-amritar-katra. The petitioner had affirmed that around 60% to 70% of this section has been under construction since December 2021, however, Nhai was collecting tolls in Lakhanpur, Thandi Khui and the prohibition places despite the rules that said that the collection of rates should begin within 45 days from the date of completion of the section. The petition had also mentioned that there are serious obstacles and amusements. The toll collection in Thandi Khui had been closed since January 26, 2024.
When the order passes, the court said: “This is based on the principle that tolls are collected to provide users with the benefit of well -maintained infrastructure. If this road is in a deteriorated and uncomfortable condition of driving, it is considered unfair that travelers continue to pay tolls, rather the same is a violation of the fair service. Certainly, travelers and drivers must feel frustrated by the poor state of this particular road they are paying to use. The basic premise is that tolls should be a form of compensation for road users in exchange for soft, safe and well maintained roads. “
The court took note of the subject to NHAI that due to the different nature of the construction work carried out on this road, service and diversions for the movement of traffic have been provided; That is, the 4 -lane NH in most places has been reduced to a single lane. “Otherwise, too, it is not a hidden thing or the scholarly lawyer who appears for respondents has denied this that NH-44 of Pathankot to Bann Toll Plaza to Domel (Katra) is in a poor and deteriorated condition, there are serious obstacles, potholes and amusements due to the complete destruction of this NH in particular. Therefore, travelers are unfairly charged, since they do not receive the value they are paying in terms of quality infrastructure. “
He said that once the road is in poor condition due to the different nature of the construction activities, the NHAI or the concessionaire that manages the toll road cannot collect the toll tax of the travelers who use the road. The court said that the general public is making suffering in both positions, bad roads due to considerable construction and toll activities. “Therefore, in this way, the public/ travelers in general feels deceived since they are forced to pay tolls on the road that is currently in a poor condition and in poor condition that, at the end, in June, 2024 transport by road and minister of roads Nitin Gadkari in a global workshop in a satellite -based tollito. To face problems. “