The Supreme Court questioned NHAI on toll collection at Kerala’s Paliyekkara plaza amid 12-hour traffic jams. Judges said commuters deserve compensation for delays.
New Delhi: On August 18, the Supreme Court of India on Monday made strong remarks while hearing a case related to heavy traffic jams and poor road conditions on National Highways. The top court questioned the National Highways Authority of India (NHAI) on why commuters should still be asked to pay toll tax if they are stuck on the road for as long as 12 hours.
The case came before the division bench of Chief Justice BR Gavai, Justice Vinod Chandran, and Justice NV Anjaria.
The matter involved an appeal filed by the NHAI against the Kerala High Court’s order, which had earlier stopped toll collection at the Paliyekkara toll plaza in Thrissur district.
The Kerala High Court had observed that toll cannot be collected from the public when they are suffering because of bad roads and long traffic jams on the Mannuthy–Edappally stretch of National Highway 544.
During the hearing, Justice Vinod Chandran raised a sharp question on the condition of traffic jams in Kerala. He asked about the traffic situation lasting for long hours and said,
“For the 12 hour block, the National Highway should pay something to the commuters.”
Solicitor General of India Tushar Mehta, appearing for NHAI, tried to explain the situation.
He said,
“It was an act of God, a lorry fell down.”
Justice Chandran, however, immediately responded to this point and remarked,
“The lorry did not fall on its own; it fell into a pothole before turning over.”
The Solicitor General further explained that the NHAI has built service roads to ease traffic while underpasses are being constructed. But due to the monsoon rains, the work had been affected.
He also referred to a previous court ruling where the judges had mentioned that instead of completely stopping toll collection, there could be a
“proportionate reduction of tax.”
But Justice Chandran disagreed with this suggestion.
He said,
“If there is no traffic, it will take maximum one hour to cover this stretch. If there is traffic, it will take maximum 3 hours. For 12 hours, there is no question of proportionate reduction.”
Chief Justice BR Gavai also joined in questioning NHAI. He strongly observed,
“Why should a commuter pay 50 Rs if it takes 12 hours for him to cross the stretch? A road which is expected to take one hour, it takes 11 more hours and they have to pay toll as well.”
The bench has now reserved its order in the matter, which means the judgment will be delivered later.
Earlier, on August 6, the Kerala High Court had ruled in the case and clearly said that,
“Toll fees cannot be collected from the people when they are facing difficulties due to bad roads and consequent traffic congestion.”
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.
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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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