The Supreme Court has dismissed the appeal filed by the National Highways Authority of India (NHAI) challenging the Kerala High Court’s order suspending toll collection at the Paliyekkara toll booth in Thrissur district. The order came in connection with the poor condition of the Edappally–Mannuthy stretch of National Highway 544.

A bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran, which had reserved the matter on Monday, delivered its verdict on Tuesday evening, stating that both appeals stand dismissed.

During the hearing, the bench came down heavily on the NHAI over the terrible state of the road, which recently saw a traffic jam lasting nearly 12 hours.

“Why should a person pay Rs 150 if it takes 12 hours for him to get from one end of the road to the other end? A road which is expected to take one hour, it takes 11 more hours and they have to pay toll as well!” Chief Justice Gavai remarked.

Justice Vinod Chandran also referred to media reports of the traffic snarls on the stretch and said both judges had personally experienced congestion on the route, reported Live Law.

Chief Justice Gavai remarked that gutters, potholes, and recurring traffic snarls on national highways are “symbols of inefficiency.”

On August 6, a division bench of the High Court suspended toll collection for four weeks, observing that user fees cannot be collected when access to highways is hindered due to poor maintenance and prolonged congestion caused by delayed works.

The High Court had noted that since citizens are obliged to pay toll fees, the NHAI is responsible for ensuring smooth and safe travel, adding that the authority’s failure breaches public trust and nullifies the right to demand tolls.

Appeals by NHAI and other authorities challenging the Kerala High Court order were dismissed.

Source: India Today