‘Instead Of Appealing, Do Something’: SC Slams NHAI On Kerala Toll Issue

NHAI

The Supreme Court on Thursday declined to interfere with the Kerala High Court’s order halting toll collection at the Paliyekkara toll plaza in Thrissur district for 4 weeks.

A bench of Chief Justice BR Gavai and Justice K Vinod Chandran, hearing a plea by the National Highways Authority of India (NHAI), pointed to the poor condition of the Edapally–Mannuthy stretch of National Highway 544.

“You take the toll from the people and don’t provide the services… the service road is not maintained,” the bench remarked.

Background Of HC’s Order

On August 6, the Kerala High Court suspended toll collection, noting that motorists could not be charged when the highway was in disrepair and traffic congestion was severe. It said NHAI’s relationship with the public was based on “public trust”, which was breached when smooth traffic flow was not ensured.

NHAI’s Arguments & Court’s Response

Solicitor General Tushar Mehta, representing NHAI, argued that the high court had wrongly allowed concessionaire Guruvayoor Infrastructure Ltd to recover losses from the authority. He maintained that the upkeep of the road was the concessionaire’s contractual duty.

Justice Chandran countered that some of the cited problem areas were near the toll plaza itself and mentioned a report about a man missing his father-in-law’s funeral because of congestion at the booth.

“Instead of filing an appeal and wasting time, you do something,” he told NHAI, adding that even ambulances were getting stuck.

When Mehta sought time to present maps showing work locations, the CJI responded, “You want to postpone the dismissal?”

The bench indicated it was not inclined to admit NHAI’s petition but would clarify that disputes between NHAI and the concessionaire could be settled through arbitration. Both this petition and a separate one filed by the concessionaire will be heard again on Monday.