The Kerala High Court has set up a committee to monitor traffic on NH 544 after a massive 12-hour jam near Paliyekkara. The Court said suspension of tolls may attract more vehicles and even suggested restricting heavy vehicles during daytime.
Kochi: On August 21, the Kerala High Court on Thursday ordered the formation of a special committee to keep track of traffic problems in crowded areas of National Highway (NH) 544 in the case Shaji J Kodankadath v. Union of India and connected cases.
The matter was heard by a Division Bench of Justices A Muhamed Mustaque and Harisankar V Menon. The Court gave the direction after noticing a major traffic jam that lasted for almost 12 hours on the Ernakulam–Thrissur stretch of the highway.
The Bench pointed out that
“due to its previous order suspending toll collection at the Paliyekkara toll plaza which is on NH 544, more people may choose to use the highway as long as the suspension is in place.”
Because of this situation, the Bench also suggested that
“the committee may consider banning heavy vehicles during the day time.”
The Court did not fix the exact composition of the committee, but clarified that
“the committee must take into account inputs from local authorities and leaders including Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs).”
This new order of the High Court comes just days after the Supreme Court refused to interfere with the earlier decision of the Kerala High Court.
The Supreme Court had dismissed the National Highway Authority of India’s (NHAI) appeal against the suspension of toll collection for four weeks at the Paliyekkara toll plaza. The reason for this suspension was the poor condition of the road and heavy traffic congestion in that area.
In its remarks, the Supreme Court passed a very firm order and said that it would not cancel the Kerala High Court’s direction. The top court made it clear that
“it will not set aside the directions of the High Court” and asked the Kerala High Court “to monitor the situation.”
Background
The Supreme Court agreed to hear a petition challenging the Kerala High Court’s decision to stop toll collection at the Paliyekkara toll plaza on National Highway 544 in Thrissur district.
The Kerala High Court had earlier ordered the suspension for four weeks after observing that the Edapally–Mannuthy stretch of the highway was in very poor condition, causing heavy traffic jams and delays in repair work.
The petitioner’s lawyer argued that the High Court’s order is causing a significant financial loss of Rs 50 lakh every day. He stated that the suspension was based on “alleged non-compliance with statutory requirements,” but insisted that halting toll collection is unfair and harming the project financially.
Also Read: Supreme Court Rejects NHAI Plea on Tarsem Singh Verdict & Compensation: “Equity Demands That Such a Prayer Is Not Entertained”
The Kerala High Court clarified,
“toll fees cannot be demanded from commuters when the highway access is compromised due to bad road conditions and resulting traffic snarls.”
It also emphasized,
“the public’s obligation to pay toll fees hinges on the National Highways Authority of India (NHAI) ensuring smooth and unhindered traffic flow.”
The court further stated,
“the relationship between the public and NHAI is grounded in public trust, and when this trust is violated, the statutory right to collect tolls cannot be enforced on the public.”
Case title:
Shaji J Kodankadath v. Union of India and connected cases
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