On Wednesday, the Supreme Court refused to interfere with a Kerala High Court order suspending toll collection for four weeks on the Ernakulam–Mannuthy stretch of National Highway 544, citing the plight of motorists caught in severe traffic snarls and poor road conditions.
A Bench led by the Supreme Court observed that the High Court’s decision stemmed from repeated inaction by the National Highways Authority of India (NHAI) and the concessionaire, despite prior directions to ease congestion and repair service roads.
“The obligation of the public to pay a user fee is premised on the assurance that their use of the road will be free from hindrances. When that assurance is not met, the very basis of the toll regime stands undermined,” the Court held, affirming the citizen-centric approach taken by the High Court.
The Kerala High Court had directed immediate repairs, resolution of traffic jams within four weeks, and suspension of toll collection in the interim. The order came after complaints of long tailbacks, unsafe diversions, and dilapidated service roads at “black spots” in Amballur, Perambra, Muringur, and Chirangara.
Challenging the order, the NHAI and the concessionaire argued that toll collection was necessary to fund maintenance and construction, and that the traffic bottlenecks arose due to underpasses and flyovers being built by another contractor, not the concessionaire. The NHAI also objected to the High Court’s observation that the concessionaire could recover losses from the Authority, terming it an overreach.
Rejecting these pleas, the Supreme Court said citizens cannot be made to pay twice, once through motor vehicle tax and again through tolls for substandard infrastructure. It noted that despite only 5 km of the 65 km stretch being under repair, the cascading effect of congestion crippled the entire corridor.
The Bench, while dismissing the appeals, directed the Kerala High Court to monitor repairs and implead the contractor, M/s PST Engineering and Constructions, responsible for the ongoing works at the black spots.
The Court also clarified that the question of liability for losses suffered by the concessionaire remains open for determination before the appropriate forum. However, it declined to order proportionate toll reduction, noting that the present case involved a “total lock jam” rather than isolated damage.
The Solicitor General assured the Court that repairs were proceeding “on a war footing” and that smooth traffic would soon be restored. Once that happens, the NHAI or the concessionaire may seek lifting of the toll suspension even before the four-week period expires.
For now, the Court declared, “let the citizens be free to move on the roads, for which they have already paid taxes, without further payment to navigate the gutters and potholes, symbols of inefficiency".
The appeals were dismissed.
Picture Source :
