Supreme Court Stays J&K High Court Toll Reduction Order

In a recent development, the Hon’ble Supreme Court of India in the case National Highway Authority of India v. Sugandha Sawhney and Ors., [SLP(C) No. 9220/2025], dated April 15, 2025, has stayed an order in the case of Sugandha Sawhney v. Union of India, [2025 SCC OnLine J&K 155], dated February 5, 2025 (hereinafter referred to as the “Sugandha Sawhney Case”), of the Hon’ble High Court of Jammu & Kashmir and Ladakh, which had mandated an 80% reduction in toll charges at certain toll plazas on National Highway-44.

The matter originated from a Public Interest Litigation (PIL) filed before the High Court of Jammu & Kashmir and Ladakh. The PIL raised serious grievances regarding National Highway-44 (NH-44), which stretches from Pathankot in Punjab to Udhampur in the Union Territory of Jammu & Kashmir. It was alleged that, despite ongoing construction for over three years, nearly 70% of the highway remained incomplete and was in a severely deteriorated condition. It was argued that collecting full toll fees under such conditions was unjust.

In response, the High Court in the Sugandha Sawhney Case issued administrative directives, wherein one such directive was to levy only 20% of the toll fee of the rates in force before January 26, 2024, in the toll plazas till the national highway from Lakhanpur to Udhampur is fully operational for smooth utilization of the public. The court directed the NHAI to only collect the complete toll fee at these toll plazas after the issuance of a certificate of completion by an independent surveyor.

NHAI challenged the said High Court’s order before the Hon’ble Supreme Court of India.

The Supreme Court heard the Special Leave Petition (SLP) and subsequently issued an interim order staying the High Court’s directives, and in the meanwhile allowed the NHAI to continue toll collection at 75% of the standard rate.

The ruling underscores the importance of maintaining a balance between ensuring fairness to road users and upholding the legal frameworks that guide infrastructure development.