No tolls for potholes: SC backs suspension of toll collection at Paliyekkara

New Delhi: The Supreme Court has dismissed appeals filed by the National Highways Authority of India (NHAI) and Guruvayoor Infrastructure Ltd, the concessionaire operating the Paliyekkara toll plaza in Thrissur district, against a Kerala High Court order suspending toll collection.

The suspension was imposed after the Edappally-Mannuthy stretch of National Highway 544 was found to be in poor condition.

A bench led by Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran, which had reserved its order on Monday, issued the ruling on Tuesday evening. The court said the appeals were dismissed, echoing earlier criticism of NHAI over the highway’s “terrible condition.”

During arguments, the bench pointed to reports of a 12-hour traffic jam on the stretch last weekend.

“Why should a person pay Rs 150 if it takes 12 hours for him to get from one end of the road to the other end? A road which is expected to take one hour, it takes 11 more hours and they have to pay toll as well!” Chief Justice Gavai asked, as reported by LiveLaw. 

Justice Chandran also cited media reports on the congestion and said both judges had personally experienced the delays along the route.

Solicitor General Tushar Mehta appeared for NHAI, Senior Advocate Shyam Divan represented the concessionaire, and Senior Advocate Jayant Muthuraj argued for passengers who had petitioned the High Court.

On August 6, a division bench of the Kerala High Court ordered a four-week suspension of toll collection, citing poor maintenance and severe congestion caused by delays in roadworks.

“Toll fees cannot be collected from the public when access to the highway is hindered due to ill-maintained roads and consequent traffic congestion,” the High Court said in its ruling.

“It is to be remembered that the public is obliged to pay the user fees at the toll for using the highway. It casts responsibility on the National Highways Authority to ensure smooth traffic without any barrier created by the NHAI or by its agents, who are the concessionaires. This relationship between the public and the NHAI is bound by the tie of public trust. The moment it is breached or violated, the right to collect toll fees from the public created through statutory provisions cannot be forced on the public.”