Background
The Jammu & Kashmir High Court has ruled that toll collection on highways in poor condition is unjustified and should not be imposed on commuters. The court made these observations while hearing a petition challenging the collection of toll fees on a stretch of highway that has remained in a deteriorated state for a prolonged period.
The petitioners argued that they were being forced to pay toll charges despite encountering potholes, frequent traffic jams, and unmaintained road sections that made travel difficult and hazardous. They contended that toll fees should only be charged when the highway meets the required standards of maintenance and safety.
Court’s Observations
- Toll Collection Must Be Justified by Quality Service
- The court emphasized that toll fees are meant to ensure the availability of well-maintained roads, and collecting charges while the highway remains in a state of disrepair amounts to an unfair burden on the public.
- It stated that road users cannot be expected to pay for substandard infrastructure that increases fuel consumption, vehicle wear and tear, and travel delays.
- Obligation of Authorities to Maintain Roads
- The bench noted that under the relevant laws and agreements governing toll roads, the authorities and contractors responsible for highway maintenance have a duty to keep roads in a usable condition.
- The court criticized the failure of highway authorities to address persistent complaints about poor road conditions.
- Public Interest and Road User Rights
- The judgment recognized that commuters have a fundamental right to safe and efficient travel.
- It held that the collection of toll fees without fulfilling basic maintenance obligations amounts to an exploitation of road users and violates principles of fairness.
- Possible Action Against Contractors and Authorities
- The High Court warned that if the responsible agencies fail to repair the highway promptly, the government may be required to intervene and suspend toll collection until necessary repairs are completed.
- It suggested that penalties could be imposed on contractors for failure to fulfill their obligations under the terms of their agreements.
Directive Issued by the Court
- The court directed the National Highways Authority of India (NHAI) and the relevant state authorities to conduct an inspection of the highway and submit a report on its condition.
- If the inspection confirms the highway’s poor state, toll collection may be suspended until repairs are completed.
- The authorities were also asked to provide a timeline for the completion of necessary maintenance work.
Conclusion
The Jammu & Kashmir High Court’s ruling underscores the principle that toll charges must be justified by the proper upkeep of highways. The judgment reinforces the accountability of road authorities and ensures that commuters are not unfairly charged for substandard road conditions. Moving forward, the ruling could set a precedent for similar cases where road users face unjust toll collections despite deteriorating infrastructure.