The Supreme Court will hear a challenge to the Kerala High Court’s four-week suspension of toll collection at Paliyekkara, citing poor road conditions. The petitioner claims the halt is causing a daily loss of Rs 50 lakh.
New Delhi: On August 11, the Supreme Court on Monday, August 11, agreed to hear a petition that challenges the Kerala High Court’s decision to stop toll collection at the Paliyekkara toll plaza on National Highway 544 in Thrissur district.
The petition was mentioned urgently before a bench led by Chief Justice of India BR Gavai. The bench has fixed the matter for hearing on Thursday.
The petitioner’s lawyer told the court that the Kerala High Court’s order to stop toll collection is causing a huge financial loss of Rs 50 lakh every day.
The lawyer argued that the High Court passed this order because of “alleged non-compliance with statutory requirements,” but the suspension is unfair and is impacting the project financially.
The Kerala High Court had earlier ordered that toll collection at Paliyekkara be stopped for four weeks. The court passed this order after finding that the Edapally-Mannuthy stretch of the highway was in very poor condition.
According to the High Court, the road maintenance was not up to the mark, which caused heavy traffic jams and delays in completing repair works.
Also Read: Supreme Court Criticizes NHAI Over Delays in Filing Appeals: Calls for Introspection
The High Court made it clear that
“toll fees cannot be demanded from commuters when the highway access is compromised due to bad road conditions and resulting traffic snarls.”
It also stated that
“the public’s obligation to pay toll fees hinges on the National Highways Authority of India (NHAI) ensuring smooth and unhindered traffic flow.”
The bench stressed that
“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.”
This Kerala High Court decision is similar to a recent ruling of the Madras High Court, where toll collection on the Madurai–Tuticorin highway was also suspended because of poor road conditions.
However, in that case, the Supreme Court had later stayed the Madras High Court’s order after NHAI appealed.
This fresh petition before the Supreme Court will now decide whether toll collection at Paliyekkara can resume or whether the Kerala High Court’s order will continue to apply until the road maintenance issues are fixed.
Case Title:
Shaji J Kodankandath & Ors. v. Union of India & Ors.
WP(C) 20253/2021
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