PIL in Orissa High Court against toll collection at Jharpokharia Toll citing incomplete, potholed highway

A Public Interest Litigation (PIL) petition has been moved before the Orissa High Court challenging the continued collection of toll at the Jharpokharia Toll Plaza on National Highway-49, citing the dangerous and unsafe condition of an adjoining stretch of the highway [Akash Sharma v. Union of India & Ors.]

The petition has been filed by a lawyer, Advocate Akash Sharma, who has sought court directions against what he describes as unlawful toll collection on a highway stretch that remains incomplete and unsafe, particularly at the Dwarsuni Ghat section.

Sharma argues that road users are being compelled to pay a toll despite the absence of a functional and safe roadway.

"The Dwarsuni Ghat stretch is neither safe nor motorable. The highway is damaged, hazardous, unrepaired, full of potholes, craters, obstructed by ongoing construction, and admittedly incomplete until 22.11.2027. Therefore, the continued levy of toll/user fee at Jharpokharia Plaza amounts to unlawful exaction," the petition stated.

The petition also relied on accident data to highlight the consequences of the road’s condition. It claims that over 500 accidents and100 deaths have been recorded on the stretch in recent years, with ambulances, school buses and commercial vehicles facing serious risks.

The petition alleges that public transport services have been disrupted due to the poor condition of the road. It claimed that several operators have either suspended or drastically reduced services, isolating nearby villages and affecting livelihoods.

“The road has been described as a ‘death trap’ and ‘collapsed highway’, with frequent media coverage highlighting the urgent need for restoration," the petition added.

Sharma alleged that despite admitting that the road was incomplete, the National Highways Authority of India (NHAI) has continued toll collection by treating the stretch as finished, while ignoring the unsafe and unfinished ghat section within the toll plaza’s influence zone.

"Despite... categorical admissions of incompleteness, NHAI asserts that toll collection continues at Jharpokharia Toll Plaza for the so called ‘completed section’, overlooking the fact that the influence zone of the toll plaza necessarily includes the very ghat stretch that is unsafe, unfinished, and obstructed,” stated the petition.

The plea argues that users cannot be segregated from the unsafe section while accessing the tolled corridor.

The petitioner has argued that charging tolls under such conditions is arbitrary and unfair.

“The imposition of financial burden upon citizens who are compelled to risk their lives on a dilapidated highway is manifestly arbitrary and shocks the conscience,” said the petition.

Sharma further contended that safe travel is a core part of the right to life under Article 21 (right to life) of the Constitution, and that forcing people to pay tolls on an unsafe road infringes their right to life and dignity.

The PIL has also challenged the very nature of the toll as a 'user fee', arguing that collecting tolls without providing the promised road facilities defeats the basic quid pro quo required to justify such a charge.

"Toll is not a tax; it is a user fee. In absence of a motorable road, the legal basis for levying the fee collapses entirely,” said the petition.

On the basis of these allegations, the petition requested the Court to suspend toll collection or reduce the toll fee levied at the Jharpokharia Toll Plaza until the highway is fully completed and made safe for public use.

The petition also calls for action against the contractor and operator of the toll plaza for 'illegally' collecting toll despite the highway project remaining incomplete.