The Supreme Court criticized NHAI for failing to maintain roads and provide proper services at the Paliyekkara toll plaza. Chief Justice B R Gavai highlighted that even ambulances are struggling due to poor road conditions.
New Delhi: On August 14, the Supreme Court of India strongly criticized the National Highways Authority of India (NHAI) in its plea against the blocking of the toll at the Paliyekkara toll plaza. The apex court observed that despite collecting toll from road users, the NHAI is failing to provide proper services.
The court noted,
“It is also observed that the condition of the road continues to be bad,”
The situation has reportedly worsened to such an extent that even ambulances are finding it difficult to pass. Chief Justice B R Gavai stated,
“A situation where even an ambulance can’t go.”
He further pointed out that the service roads, which should have been improved, remain neglected. Justice K Vinod Chandran, who was part of the bench, was also noted to be
“directly aware of the matter.”
During the hearing, the NHAI claimed that the traffic issue existed only over a stretch of 2.5 km. The Solicitor General, representing the NHAI, argued that there was an error in the high court’s verdict.
Chief Justice of India B R Gavai was not convinced by the explanation given in court.
“That you should have done at the planning stage itself. Before completing the road, you start collecting the toll,”
the CJI remarked, pointing out the premature toll collection despite incomplete roadworks.
Chief Justice of India B R Gavai reiterated that disputes between the National Highways Authority of India (NHAI) and the concessionaire should be settled through arbitration and not at the cost of road users.
The CJI questioned,
“Why should citizens be put under the yardstick?”
Solicitor General Tushar Mehta then requested that the matter be listed for Monday, August 18, stating he would present maps to demonstrate that the intersections where traffic congestion continues are located close to the toll plaza and therefore fall under the concessionaire’s responsibility, not that of the NHAI.
The Supreme Court has scheduled the next hearing for these petitions on Monday, indicating that the matter will be considered in detail then.
Background
On August 11, 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.
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:
NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANR. vs O.J JANEESH AND OR
SLP(C) No. 22579/2025
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