The Kerala High Court has stopped NHAI from resuming toll collection at Paliyekkara, citing incomplete service roads and slow construction. The court warned congestion will worsen during Onam unless repairs and widening are completed.
Kochi: The Kerala High Court has once again stopped the National Highways Authority of India (NHAI) from restarting toll collection at Paliyekkara on NH 544. The court extended the ban on toll until September 9, after carefully examining the latest report submitted by a three-member panel appointed by the court.
This committee, known as the Interim Traffic Management Committee, includes the District Collector, the District Police Chief, and the Regional Transport Officer (RTO). The committee carried out an inspection on August 23 at several points along NH 544 and submitted its report to the court.
In its findings, the committee made it clear that even though some repairs have been done, traffic problems continue to exist because the service roads are still incomplete and diversions are only a temporary relief.
The report pointed out that the ongoing construction work is very slow and said that traffic congestion is only being managed by diverting vehicles.
But this cannot be considered a long-term solution. The committee observed that the major problem was the poor condition and lack of capacity of the service roads.
The panel clearly stated,
“The only lasting solution is the systematic repair and strengthening of service roads.”
It further recommended that the service lanes must also be widened wherever it is safe to do so. The panel also issued a warning that vehicle inflow is expected to increase significantly during the Onam season, and if the repairs and widening are not completed quickly, the congestion would only become worse for the public.
The NHAI, however, had argued before the court that the service road had already been repaired and therefore toll collection should be permitted again.
But the committee told the court that,
“a permanent solution has not been found by widening the service road.”
Instead, what is being done right now is diverting traffic, which, according to the committee, will only cause difficulties for people again.
The report categorically mentioned that
“the solution to the traffic jam has been found by diverting vehicles.”
But it added that this would once more result in hardship for the public.
After reviewing the report, a Division Bench led by Justice Mohammed Mustaque refused to allow NHAI to resume toll collection. The court also made it clear that toll can only be collected after the pending works are fully completed and a proper long-term solution is in place.
Therefore, the High Court directed the three-member committee to carry out another inspection before the next hearing. This time, the inspection should be done in the presence of NHAI officials, and then the committee must file a fresh report.
With this order, the move by the Highways Authority and its concessionaire company to restart toll collection during the busy Onam festival season has failed. The case will now be taken up again on September 9.
Case Title:
Shaji J Kodankadath v. Union of India and connected cases
WP(C) 20253/2021 and connected cases
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