New Delhi – The Supreme Court on Monday pulled up the National Highways Authority of India (NHAI) for continuing to collect tolls on National Highway 544 in Kerala despite severe and prolonged traffic snarls, particularly over weekends, which reportedly stretch travel times to 12 hours from one end of the road to the other.
A bench led by Chief Justice of India (CJI) B.R. Gavai, along with Justices K. Vinod Chandran and N.V. Anjaria, questioned the fairness of levying tolls in such circumstances and even suggested that the NHAI should consider compensating commuters for their lost time and fuel.
“Why should a person pay Rs. 150 toll if it takes 12 hours to get from one end of the road to the other?” CJI Gavai asked during the hearing.
The court was responding to a series of petitions, including a Special Leave Petition (SLP) filed by the NHAI, which is challenging a Kerala High Court order temporarily halting toll collection at the Paliyekkara Toll Plaza on the Edappally-Mannuthy stretch of NH-544 near Kochi. The High Court had justified the suspension on grounds of the NHAI’s failure to address the chronic traffic congestion in the area.
Solicitor General Tushar Mehta, representing the NHAI, claimed that a recent traffic jam was caused by a lorry overturning. But Justice Chandran, who disclosed that he regularly travels on the stretch, countered: “The lorry did not fall down on its own. It fell into a pothole and got turned over.”
Justice Chandran criticized the NHAI’s maintenance of the highway, saying, “In fact, some payment has to be made by the NHAI to commuters for their patience and the fuel they lost in the traffic block. The road is in such a state of disrepair.”
SG Mehta further stated that alternative service roads were available while underpass construction was underway, but the monsoon had affected the progress of work. However, both the apex court and the Kerala High Court noted that the service roads were also poorly maintained, compounding the traffic woes.
After hearing arguments from both sides, the Supreme Court concluded the hearing and reserved its judgment. “Heard Mr. Tushar Mehta, learned Solicitor General of India, appearing for the petitioner(s)….and Mr. Jayanth Muth Raj, learned senior counsel, appearing for the respondent(s). Arguments concluded. Judgment is reserved,” the bench noted.
Earlier, the Kerala High Court, while considering similar petitions, had stated that toll collection could only be justified after the resolution of traffic issues. “If the roads are in poor condition, how can toll collection be justified?” questioned Justices Muhammad Mustaque and V. Harishankar Menon in their interim order.
The apex court’s critical observations have once again spotlighted the growing frustration among commuters over poor infrastructure, even on tolled roads, raising larger questions about accountability in public infrastructure development and maintenance.
