New Delhi, Apr 15 (UNI) The Supreme Court on Tuesday granted stay on Jammu & Kashmir and Ladakh High Court order that had slashed toll fees by 80% at the Lakhanpur and Bann toll plazas on National Highway-44.

The High Court had earlier ruled that collecting full toll was unfair while road construction was still incomplete.

A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan passed the interim order on Tuesday while hearing a petition filed by the National Highways Authority of India (NHAI).

The Court issued a notice and listed the matter for further hearing on May 19, 2025.

The top court stated, “There will be a stay of this order,” allowing NHAI to continue collecting toll at 75% of the standard rate, as permitted by the existing rules.

Solicitor General Tushar Mehta, representing NHAI, explained that tolls had already been reduced in line with Rule 4(9) of the National Highways Fee Rules, 2008, which allows a 25% reduction during road upgrades from four lanes to six lanes.

Justice Oka asked, “Then what will be the toll applicable?” Mehta responded that the toll would remain at the reduced rate of 75%, as allowed under NHAI rules.

The High Court had issued the original order in a Public Interest Litigation (PIL) that called for a suspension of tolls at Lakhanpur, Thandi Khui, and Bann plazas until the Delhi-Amritsar-Katra Expressway was fully functional.

The petitioner argued that the Lakhanpur–Udhampur stretch of NH-44 was still under construction, with nearly 70% incomplete since work began in 2021. According to them, toll should only be collected after construction is finished and certified.

In its order, the High Court criticised the condition of the road and called it unreasonable to charge full tolls when commuters weren’t receiving full value. Instead of suspending toll collection, the authorities had actually increased the toll fees, the High Court had noted.

The High Court’s ruling included several other directions - that the Toll at Lakhanpur and Bann plazas was to be reduced by 80% of the pre-January 26, 2024 rate until the road is fully completed and independently verified.

And the redistribution of toll influence length between the two plazas was to be withdrawn.

Toll plazas within 60 km of each other were to be removed if they violated the distance rule, the High Court directed.

The Union Ministry was directed to review and reduce toll charges across all plazas within four months.

It also prohibited the hiring of toll plaza staff with criminal backgrounds and ordered police verification of all toll employees.

The NHAI challenged the order through an SLP (Special Leave Petition) filed by Advocate-on-Record Nishant Awana, arguing that the High Court did not have the authority to interfere in toll rate matters governed by central rules.

The matter now awaits a detailed hearing in May.

UNI SNG CS