In a Public Interest Litigation filed by Law students Satyam Arora and Aavin Kumar Chadgal seeking direction to the respondents to abolish the Toll Plaza situated at Sarore on Jammu Pathankot Highway, A Division Bench of Jammu & Kashmir High Court Jammu Wing comprising Chief Justice Gita Mittal and Justice Rajesh Bindal after hearing petitioner in person, issued notice to Union Secretary Ministry of Transport & Highways, National Highway Authority of India through its Chairman, Regional Officer Jammu & Kashmir Division NHAI to show cause as why the petition be not admitted to hearing.
During the course of hearing, petitioner submitted that the instant petition is being purely in public interest to seek the directions of this Court declaring the toll plaza established at Sarore, on Jammu-Pathankot Highway as arbitrary and unconstitutional. As per Section 8 of the National Highway Fee (Determination of Rates and Collection) Rules, 2008, which reads as “Any other toll plaza on the same section of national highway and in the same direction shall not be established within a distance of sixty kilometers”. It is submitted that, another toll plaza is established by the Respondents at Ban, on Jammu Udhampur Highway, whereas, the distance between the Sarore Toll Plaza on Jammu-Pathankot Highway and Ban Toll Plaza, on Jammu Udhampur Highway is approximately 37.04 kilometers. The Respondents have violated its own framed rule perspicuously stating regarding the distance between two toll plazas. JNF