Kerala High Court suspends toll collection at Paliyekkara on NH-544

The Kerala High Court on Wednesday suspended the collection of toll at the Paliyekkara Toll Plaza on National Highway 544 in Thrissur district for a period of four weeks [Shaji J Kodankadath v. Union of India and connected cases]..A Division Bench of Justices A Muhamed Mustaque and Harisankar V Menon passed the order on a batch of petitions which raised grievances regarding the poor condition of that stretch of National Highway, which caused undue hardship to commuters.The Bench deemed it fit to halt toll collection after noting the huge delays commuters have been facing, often spanning 5-6 hours, along the Edappally–Mannuthy stretch of the highway.The lack of road maintenance by the National Highways Authority of India (NHAI) coupled with the absence of alternative routes prompted the Bench to take this step. The Bench had, during past hearings, stated that the right to collect roll is directly dependent on the service provided to commuters."This relationship between the public and the NHAI is bound by the tie of public trust. The moment it is breached or violated, the right to collect toll fees from the public created through statutory provisions cannot be forced on the public," the Court observed..The Court stressed that when there is total road inaccessibility, or access is substantially affected, the right to levy toll on the highway ceases to exist unless the Central government considers and approves the same.Despite the State's Chief Secretary convening meetings to address the issue, and concerns raised about 11 black spots and a lack of proper service roads and drainage, the NHAI had not taken meaningful steps.The Court found that the grievances of the public were taken lightly and dismissed, and that NHAI had continued toll collection without seeking approval from the Central government.The Court criticised the NHAI for showing complete apathy and failing to pursue even basic remedial steps.It also emphasised that when the public was not receiving the intended benefit of road usage in return for the user fees imposed, the government could not compel payment from the public solely based on a private contractual arrangement.No agreement between the State and a private entity can override the duty to protect public interest, the Court underlined..The petitions before the Court had also highlighted that the ongoing over-bridge construction along this stretch of the national highway was a major cause for traffic congestion.Assistant Solicitor General of India ARL Sundaresan, appearing for NHAI, had informed the Court that road repairs may take some time due to the monsoon.Ultimately, the Court ordered that toll collection at Paliyekkara Toll Plaza be suspended for four weeks and directed the Central government to take a decision within this period on appropriate remedial action."Although the issue was repeatedly brought to their attention, no meaningful steps were taken to pursue redressal with the Central Government. In such circumstances, we are of the considered view that the collection of toll shall remain suspended until the Central Government, in consultation with the National Highways Authority, Chief Secretary of the State and Concessionaire, takes appropriate remedial action addressing the public grievance," the Court directed..[Read Order]