Himachal Pradesh HC allows toll collection at Sanwara from Nov 12, but with riders

The bench passed the orders while hearing two connected public interest litigations — court on its own motion vs NHAI & others and Uttansh Monga vs. State of H.P. & others. The court passed the order on November 3 and a detailed order was released on Thursday.

The court noted that its earlier order dated September 18, 2025, suspending toll collection, had been justified by the poor state of the highway, which was described as being in a “pitiable condition.” It also noted that the NHAI had suffered a revenue loss of Rs 4.53 crore between September 20 and October 31 following the closure of the toll plaza.

The NHAI, through an affidavit, informed the court that a maintenance contract of Rs 15.20 crore for a period of 12 months has been awarded to NH Construction Pvt. Ltd. Out of 42 identified slope protection sites, 30 have been completed, and the remaining work is expected to be finished by March 16, 2026.

Commenting on the affidavit, the bench said, “Six stretches along the initial 39-km were reported to have suffered significant damage, which has since been repaired to a large extent”. The bench, however, also noted that the NHAI has acknowledged a six-year delay in project completion. The work, which was initially scheduled for substantial completion on April 21, 2021, has now been extended with a new appointed date of September 21, 2025. Of the total stretch, 38.259 kilometres are currently open to four-lane traffic, while about 2.3 kilometres remain restricted to two or three lanes because of landslides and slope protection work.

The court pointed out that problems persist at Datyar and Chakki Moud. The order specifically mentions that the road opposite the petrol pump and below Deventure Hotel, as well as areas near the crusher points and Meghdoot Hotel, require immediate attention from NHAI. The court also directed the authority to repair the approach to Kandaghat from the Chandigarh side, describing the nearly one-kilometre stretch as being in a “pitiable condition.”

Similarly, the Kandaghat market road, a common and congested stretch, was found to be in poor shape. The court directed that it be urgently rectified by the next date of hearing. The bench also warned against hindrance by shopkeepers.

During the hearing, Senior Advocate KD Shreedhar, representing NHAI, apprised the court of certain difficulties being faced in carrying out repairs in the Kandaghat market area due to resistance from local shopkeepers. The bench observed that “such persons cannot hold the maintenance work to ransom” and directed the state government to ensure adequate police assistance to NHAI when the repair work is undertaken. To minimize disruption to commercial activity, the court suggested that the repair work be executed either in the early morning or late at night.

Meanwhile, the bench also directed the state government to complete rectification work at the Boileauganj U-Turn, an important commuter point that connects to the Shimla highway. The Municipal Corporation of Shimla was instructed to take necessary steps to repair and tar the section, as the lack of proper surfacing was leading to air pollution from dust and debris affecting nearby residents and commuters.

The matter has been posted for further hearing on November 11, when the court will review compliance with its directions.

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