Advocate moves President against HP’s National Highway Toll barriers, seeks Constitutional intervention
Advocate moves President against HP’s National Highway Toll barriers, seeks Constitutional intervention
Shimla, July 18,
Posing a significant constitutional challenge to Himachal Pradesh’s toll collection policy, advocate Uttansh Monga has submitted a petition to the President of India, seeking intervention under Articles 256 and 257 of the Constitution for the removal of toll barriers established by the State Government on National Highways.
The petition, dated July 13, 2026, contends that the State Government lacks the legislative competence to levy tolls on National Highways, arguing that the subject falls exclusively within the Union’s domain.
In the petition, Monga states that the issue is “not merely one relating to collection of tolls but concerns the constitutional distribution of legislative and executive powers between the Union and the States under Part XI of the Constitution of India.”
According to the petition, the continued levy of tolls on National Highways by the State Government is “without legislative competence” and violates Article 246 read with Entries 23 and 96 of the Union List as well as Article 254 of the Constitution.
The advocate has further alleged that the toll barriers have become an obstacle in the functioning of the National Highways Authority of India (NHAI). The petition states that “the continuance of such toll barriers creates avoidable impediments in the administration, operation and regulation of National Highways… and thereby prejudices the effective discharge of Union functions.”
Also read Representation to Centre Questions Legality of Toll Collection at HP Entry Points
Referring to the State’s Toll Policy for 2026-27, the petition claims that Himachal Pradesh has included “National Highways” within the definition of “Road Infrastructure” despite, according to the petitioner, lacking constitutional authority over them.
Monga has also claimed in the petition that the State Government earns around Rs 150-200 crore annually from tolls collected on National Highways and has argued that the issue has assumed wider constitutional significance.
The petition annexes correspondence from the NHAI, including a letter from the Project Director, PIU Mandi, dated June 19, 2026. The letter notes that the office has received repeated grievances regarding HP Entry Tax barriers and requests that the matter be taken up with the competent authority for suitable consideration and resolution.
Seeking intervention by the President of India, Monga has prayed that the Union Government issue directions requiring the Himachal Pradesh Government to act in conformity with Parliamentary law governing National Highways, ensure that its executive action does not impede Union functions, and “forthwith discontinue, suspend and remove all toll barriers” operating on National Highways under the Himachal Pradesh Tolls Act, 1975.
The petition also seeks such further directions as may be necessary to preserve the constitutional distribution of powers between the Union and the States and to protect the interests of the general public.
(The petition contains the legal allegations and claims of the petitioner. The Government of Himachal Pradesh and the Union Government had not issued any public response to the petition at the time of filing.)
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