NHAI plea against Kerala HC order: CJI says he faced difficulty at Paliyekkara toll even with an escort

New Delhi: The Supreme Court’s hearing on the National Highway Authority of India’s (NHAI) appeal against the Kerala High Court order suspending toll collection at Paliyekkara toll plaza for four weeks witnessed Chief Justice B R Gavai share his own personal experience.

The Chief Justice said that even while travelling with an escort, his vehicle struggled to pass through the toll plaza. He questioned why toll collection had been permitted before road repairs were completed and asked what measures had been taken to ease congestion during this period.

NHAI cites black spots, bench raises doubts

Solicitor General Tushar Mehta, appearing for the NHAI, argued that congestion at the toll plaza was due to black spots in Amballur, Perambra, Muringoor, Koratty, and Chirangara. He added that delays in service roads, sub-roads, and over-bridge construction had aggravated the problem.

Justice Vinod Chandran, however, observed that these locations were several kilometres away from the toll plaza. He detailed about each site apparently leaving Mehta quiet. Justice Chandran even remarked that Mehta appeared a person from God’s own country (Kerala).

Media reports cited in court

Justice Chandran pointed to a Mathrubhumi News report which stated that NTC Managing Director Varghese Jose was unable to attend his father-in-law’s funeral because of heavy congestion. Despite leaving Thrissur in advance for the afternoon ceremony, he was delayed. Justice Chandran also noted that Malayalam media had widely reported this experience.

Petitioners stress years of hardship

Senior counsel Jayanth Muthuraj, representing petitioner Shaji Kodankandath, submitted that the public had suffered at the plaza for years despite repeated warnings from the High Court. He argued that the NHAI and its contractors had failed to take action and requested that the High Court order should not be stayed.

It may be noted that Shaji Kodankandath had filed a caveat against the NHAI’s appeal on the Kerala High Court order, ensuring that petitioners would be heard before any interim relief was granted.

When Mehta sought an adjournment, the Chief Justice asked whether delaying the stay could worsen the issue. The bench eventually permitted Mehta to present arguments with maps and adjourned the matter to next Monday.