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‘Illegal’ imposition of tolls: HC tells Himachal govt, NHAI to file replies

The petitioner argued that toll collection on national highways falls exclusively within the jurisdiction of the Central government.

Himachal Pradesh High Court, National Highways Authority of India,The counsel representing NHAI sought time to file a short affidavit detailing the status of the toll barriers and issues raised in the petition. (File photo)

The Himachal Pradesh High Court has directed the state government and the National Highways Authority of India (NHAI) to file their replies in a matter concerning the alleged illegal imposition of tolls on several national highways in the state under the Himachal Pradesh Tolls Act, 1975.

A division bench of Chief Justice Gurmeet Singh Sandhawalia and Justice Jiya Lal Bhardwaj issued the notices while hearing a connected petition of advocate Uttansh Monga. The matter was listed for next hearing on March 7, 2026.

During the hearing, Additional Solicitor General Pranay Pratap Singh, Central government counsel Vandana Misra, and advocate Shreya Chauhan appeared and accepted notices on behalf of the respective respondents. The counsel representing NHAI sought time to file a short affidavit detailing the status of the toll barriers and issues raised in the petition.

The state’s counsel too requested for time to file replies to both the application and the main petition.

The petitioner, advocate Monga, submitted additional facts, stating that several toll barriers established under the Himachal Pradesh Tolls Act, 1975, continue to operate on national highways despite being unconstitutional. The toll barriers identified include Garamaura (Kiratpur-Manali), Parwanoo (Chandigarh-Shimla), Tunuhatti, Kala Amb, Kandwal, Baddi, Mehatpur, and the Barmala/Gwalthai toll barrier on the Nangal–Una–Bharwain route.

The petitioner argued that toll collection on national highways falls exclusively within the jurisdiction of the Central government and cannot be imposed under state legislation such as the 1975 Act. The petition sought directions to immediately cease toll collection at all state-notified barriers located on national highways and amend the Himachal Pradesh Tolls Act to insert the words “except national highways as declared by the Central government” after the term “any road infrastructure”. It sought directions to the authorities to produce all relevant documents.

In a separate compliance-related matter, the state government submitted a letter, dated December 8, stating that restoration work at the landslide-affected stretch near the MLA Crossing leading to Boileauganj has been substantially completed. A redesigned road alignment with a proposed roundabout is being finalised by HPPWD Division III. Tarring work will commence after winter.

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The court directed that all codal formalities be completed and asked NHAI to file an affidavit identifying other problematic locations.

Saurabh Parashar is an Assistant Editor at The Indian Express, primarily responsible for the publication’s coverage of Himachal Pradesh. He is a seasoned journalist with over 17 years of experience in print media, specializing in crime, legal affairs, and investigative reporting. Professional Background Education: He holds a Master’s degree in Mass Communication from Guru Jambheshwar University of Science & Technology (Hisar) and a Law degree from Himachal Pradesh University (HPU), Shimla. This legal background significantly informs his reporting on complex judicial and administrative matters. Career Path: Before joining The Indian Express in 2017, he spent 12 years with The Times of India. Core Beats: His primary focus is the socio-political landscape of the hill state, with a specific emphasis on the environment, forest conservation, drug menace (specifically "Chitta"), affairs related to tribal and archaeology and the unique challenges of governance in high-altitude regions. Recent Notable Articles (Late 2025) His recent reporting highlights the critical intersection of policy, law, and social safety in Himachal Pradesh: 1. "Himachal’s battle against Chitta: Why the border areas are most vulnerable" (Late 2025): An investigative look at the transit routes from Punjab and the impact on local youth. 2. "Shimla ropeway clears key hurdle as 820 trees face the axe :According to the Forest Survey of India’s 2021 assessment, 47.21 percent of Shimla’s 5,131 sq km geographical area is under forest cover (Nov 17, 2025). 3. "Himachal to handover 2.7427 ha of non-forest land for Shimla Ropeway: Given the land’s non-forest nature, RTDC and the state will not require permission from MoEFCC" (Nov 18, 2025) 4. "How the centuries-old Jodidara tradition is fading in Himachal’s Trans-Giri region: Jodidara: a form of fraternal polyandry—has long been part of Hatti tribal culture in the Trans-Giri region of Himachal Pradesh and adjoining Uttarakhand. It is believed to have evolved to prevent division of ancestral land and maintain unity among brothers in the harsh, mountainous terrain" (Aug 18, 2025) Legal & Agricultural Affairs "Kisan Sabha hails SC’s setting aside Himachal HC order to remove orchards from forest land" (Dec 18, 2025): Covering a major Supreme Court victory for farmers, where a High Court order to remove fruit-bearing apple orchards was overturned. "Himachal Cabinet nod to new tourism policy; focus on home-stays in tribal areas" (Dec 11, 2025): Detailing the legislative push to decentralize tourism and bring economic benefits to Lahaul-Spiti and Kinnaur. 3. Governance & Environment "Forest rights and development: Why Himachal is seeking more leeway from Centre" (Dec 19, 2025): Reporting on the legal hurdles faced by the state in infrastructure projects due to the Forest Conservation Act. "Cloudbursts and resilience: How Himachal’s remote villages are building back better" (Nov 2025): Following up on the long-term rehabilitation efforts after monsoon-related disasters. Crime especially cyber crimes, crypto currency etc: crypto currency: "Agents in uniform, motivational speeches, lavish parties: How a Himachal crypto con went unnoticed:A serial conman, a ‘Nelson Mandela Nobel Peace Award winner', and retired policemen got together to pull off a Rs 1,740-crore fraud" (Nov 10, 2023) Signature Beats Saurabh is recognized for his tenacious reporting on the state's drug epidemic. His deep familiarity with the topography and tribal culture of Himachal allows him to report from remote locations like Spiti, Pangi, Shillai, which are often overlooked by national media. His legal expertise makes him a primary choice for covering the Himachal Pradesh High Court on issues ranging from local body elections to environmental PILs. X (Twitter): @saurabh_prashar . ... Read More

 

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