The Jammu & Kashmir and Ladakh High Court dismissed a Public Interest Litigation that sought declaration of Sarore Toll Plaza as illegal.  The order was given by the Division Bench headed by Hon’ble Chief Justice N. Kotiswar Singh along with Hon’ble Justice Moksha Khajuria Kazmi. One Sanjeev Kumar Sareen had filed a PIL (Public Interest Litigation)  bearing number WP ( C ) PIL No. 7/2022 seeking declaration of Sarore Toll Plaza as illegal on the ground that the same was established in violation of  provisions of the law.

Advocate Karan Sharma represented the Union of India through Secretary Road Transport and Highways (Ministry of Road Transport and Highways) and Chairman National Highways Authority of India (NHAI) who were Respondents Number 1 and 2 in the PIL. Whereas, respondent number 3, Deputy Commissioner Samba was represented by Sr. Additional Advocate General S.S Nanda.

The  Court order states Respondent 1 and 2 have filed their objections, which inter alia reveals that the issue raised in the instant PIL  was already raised in an earlier PIL, registered as PIL No. 59/2019, filed by one Satyam Arora and others, wherein the challenge was also regarding the establishment of Toll Plaza Sarore and the relief claimed in the said PIL was that the Sarore Toll Plaza be shifted to some other place. The said PIL was considered by this Court and was dismissed on 06.10.2020, by observing that installation of a Toll Plaza falls in the realm of a policy decision of authorities and it requires consideration of several factors for its location and this Court does not have the expertise to make such evaluation. Accordingly, the Court proceeded to dismiss the said PIL.

Since the subject of the instant PIL is the same, i.e, the establishment of Toll Plaza at Sarore at Jammu at Jammu-Pathankot Highway, though the ground for challenges is that the same has been established against provisions of law, we are of the view that the PIL will be hit by the principle of constructive res judicata and as such, is not maintainable. For the reasons, the PIL is dismissed as not maintainable, the High Court order stated.