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| Levy only 20% toll fee: DB | | | Early Times Report
Jammu, Feb 25: In major relief to the people of J&K and also the pilgrims who visited Vaishno Devi, A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice Tashi Rabstan and Justice MA Chowdhary directed respondents to withdraw the order/direction regarding redistributing the influence length from Lakhanpur to Udhampur among Lakhanpur and Bann Toll Plazas with effect from 26.01.2024 after the closure of Thandi Khui Toll Plaza. DB directed respondents to withdraw the said order/direction positively within a period of one week from today.
DB further directed respondents to levy only 20% of the toll fee with immediate effect, i.e., the toll fee at Lakhanpur Toll Plaza and Bann Toll Plaza shall be 20% of the rates earlier in force before 26.01.2024 till the National Highway from Lakhanpur to Udhampur gets fully operational for smooth utilization of the public. Respondents to charge the full toll at both these toll plazas only after the issuance of a certificate in this regard by an independent surveyor, DB said.
DB further ordered not to establish any toll within 60 kms of the National Highway-44. Further, if there is any toll plaza in the UT of J&K or in the UT of Ladakh within 60 Kms on the National Highway, respondents to remove the same within two months from today. Further, there should not be mushrooming of toll plazas in the UT of J&K and the UT of Ladakh only with the sole aim and objective of minting money from the general public.
DB further observed that respondents are charging hefty toll fees at Bann Toll Plaza, whereas toll fees at other Toll Plazas are also high. Thus, not only the treasures of NHAI are being filled with thousands of crores of rupees, the private contractors are also enriching themselves by accumulating crores of rupees. Since the toll fee must be fair enough for the general public and should not be a source of revenue-generating mechanism, respondents, Division Bench directed concerned Union Ministry, to reconsider levying of fair and genuine toll fees at the toll plazas thereby slashing the existing toll fees at all the toll plazas as the current toll fees is at higher side. The decision in the regard be taken positively within a period of four months from today.
DB further directed respondents as well as the contractors of the Toll Plazas are directed not to employee any person at the toll plazas having criminal background.
DB further ordered that respondent as well as the contractors to deploy the persons at the Toll Plazas only after verification of such employees by the concerned police agency. In case of any deviation in this regard, the concerned SHO/Incharge shall be personally responsible for the same.
This landmark judgment has been passed in a PIL seeking direction to 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. 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 Highway in terms of Rule 3(1) and 3(2) of National Highways Fee (determination of Rates and Collection) Rules, 2008. Further, it is averred that there are grave hurdles, diversions due to complete destruction of National Highway. Not only this, the daily travel time for the residents in the region has significantly increased between three to four hours due to the construction activities leading to improper road availability, which has further led to extra burden on the fuel consumption in addition to causing wear and tear to the vehicles. Therefore, it is averred that the respondents in terms of the rule position cannot charge toll tax at these three Toll Plazas before the completion of the project.
DB after hearing both the sides observed that the respondents have filed the toll collection detail which reveals Bann Toll Plaza collected Rs.659.54 crores during the period 20.03.2015 to 24.12.2024, whereas Lakhanpur Toll Plaza collected Rs.355.77 crores between the period 22.07.2020 to 24.12.2024 and Thandi Khui Toll Plaza collected Rs.227.88 crores between the period 11.10.2019 to 26.01.2024.
DB further observed that the toll collection detail reveals that during the aforementioned period the respondents collected more than rupees 1243 crores from these three toll plazas. As per the news reports, the toll revenue of National Highway Authority of India in 2020 was Rs. 24000 crores, and with the facilitation of FAS Tags from January 2020, toll gate charges or revenue in 2021 was anticipated to reach Rs. 34000 crores. Though the toll fees at the toll plazas contribute to the construction, maintenance, enhancement of high quality road infrastructure, highways, expressways and toll fee is essential for infrastructure development, however, the respondents must ensure for fair and equitable tolling fee and that establishment of these toll plazas should not serve merely as a revenue-generating mechanism or to mint money from the general public. Further, rapid increase in toll plazas raises several concerns among the general public. DB asked the respondents must ensure that toll plazas are not placed at every nook and corner of the state. There should not be mushrooming of toll plazas.
DB further observed that it has also come to our notice that the contractors have illegally employed number of individuals (gunda elements) with criminal backgrounds at toll plazas. This is a serious matter that involves both law enforcement and public safety concerns. Therefore, in view of above discussion, we deem it proper to allow the present PIL. Accordingly, this PIL is allowed with the directions. JNF |
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