Apex Court admits SLP, hearing likely next week; NHAI fears ‘revenue loss’
Arteev Sharma
Jammu: The Supreme Court has “admitted” a Special Leave Petition (SLP) filed by the National Highways Authority of India (NHAI), challenging a Jammu and Kashmir High Court ruling that directed the Union Ministry of Road Transport and Highways to slash hefty toll fees in the Union Territory within four months.
“We have filed an SLP before the Hon’ble Supreme Court, which the Court has admitted. It is expected to be listed for hearing next week. Let’s wait for the Court’s observations,” a senior NHAI official posted in Jammu told The News Now, requesting anonymity.
Sources, however, claimed that NHAI’s move to approach the Apex Court is driven by “economic concerns”, as it (NHAI) feared that the J&K High Court’s ruling could result in “substantial revenue losses” from toll collections at the Lakhanpur and Bann plazas.
The SLP is a discretionary legal provision allowing an aggrieved party—in this case, NHAI—to seek special permission from the Supreme Court to appeal against a judgment or order of any court or tribunal in India, when no direct right of appeal exists, under Article 136 of the Constitution.
In February this year, a Division Bench of Chief Justice Tashi Rabstan and Justice MA Chowdhary passed the directions on a PIL seeking exemption of the toll collected along the Jammu-Pathankot Highway between Lakhanpur and Bann till the ongoing work on the Delhi-Amritsar-Katra Expressway was completed. The judgment was seen as a major relief for commuters, including lakhs of pilgrims to the holy cave shrine of Goddess Vaishno Devi in Katra.
The Bench ordered that toll fees at the Lakhanpur and Bann plazas be reduced to 20% of the rates in effect prior to January 26, 2024, until the highway from Lakhanpur to Udhampur becomes fully operational.
In a strongly worded 12-page judgment issued on February 25, the Bench observed, “There should not be mushrooming of toll plazas in the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh only with the sole aim and objective of minting money from the general public… Respondents are charging hefty toll fees at Bann toll plaza, whereas toll fees at other toll plazas are also high”.
The court also noted that both the NHAI and private contractors were generating significant revenues from toll collections: “Not only are NHAI’s coffers being filled with thousands of crores, but private contractors are also accumulating wealth worth crores.”
Stressing the need for fair toll rates, the Bench directed the Union Ministry of Road Transport and Highways to revise the fee structure, observing “Fees must be reasonable and not merely serve as a revenue-generating mechanism. The Ministry must ensure fair and genuine toll charges across all plazas.”
“The decision in this regard (will) be taken positively within a period of four months from today (February 25),” it had said.
The High Court also ordered the respondents — the NHAI, Jammu and Kashmir government and the Union Ministry of Road Transport and Highways — to withdraw within one week the order or direction regarding redistributing the influence length from Lakhanpur to Udhampur between the Lakhanpur and the Bann poll plazas with effect from January 26 last year after closure of the Thandi Khui toll plaza.
“Respondents are directed to levy only 20 per cent of the toll fee with immediate effect, ie, the toll fee at Lakhanpur toll plaza and Bann toll plaza shall be 20 percent of the rates earlier in force before 26.01.2024 till the national highway from Lakhanpur to Udhampur gets fully operational for smooth utilisation of the public,” the High Court said, adding “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”.
Meanwhile, private contractors managing toll collection at the Bann and Lakhanpur plazas have continued to charge commuters at the existing rates, in contravention to the J&K High Court’s directive to reduce the fees.
