NEW DELHI: The Supreme Court on Monday slammed toll collection on dilapidated highways that leave commuters stranded, remarking that commuters pay despite suffering long delays, drawing parallel to the national capital, noting few hours of rain can bring Delhi to a standstill.
A bench of Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria made the observation while hearing appeals filed by the National Highways Authority of India (NHAI) and concessionaire Guruvayoor Infrastructure. The appeals challenge a Kerala high court order that suspended toll collection at the Paliyekkara toll plaza in Thrissur for four weeks over the poor condition of the Edappally–Mannuthy stretch of National Highway 544 and severe traffic congestion from ongoing works.
"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, takes 11 more hours and they have to pay a toll as well,” the CJI said, as quoted by PTI.
Solicitor general Tushar Mehta, appearing for NHAI, argued that the jam had been caused by a lorry overturning, which he described as an “act of God.” Justice Chandran disagreed, saying, “The accident which triggered the block was not a mere act of God but caused by a lorry toppling into a pothole.” Mehta added that service roads had been provided and blamed monsoon rains for slowing work, suggesting proportionate toll reduction instead of suspension. Justice Chandran, however, remarked that a 12-hour ordeal went far beyond proportional adjustment, reported PTI.
“In Delhi, you know what happens... if it rains for two hours, the entire city gets paralysed,” the bench also observed, underscoring the plight of commuters on poorly maintained roads.
Senior advocate Jayant Muthraj, appearing for the original petitioners, argued that NHAI had the responsibility to ensure a motorable road and that collecting toll amid such conditions violated public trust . He said the high court had suspended toll collection only as a last resort after earlier interim directions.
The high court’s August 6 order held that motorists could not be charged when highways were badly maintained and congestion severe, stressing that the NHAI–public relationship was one of “public trust.”
The Supreme Court has reserved its verdict on the case.
A bench of Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria made the observation while hearing appeals filed by the National Highways Authority of India (NHAI) and concessionaire Guruvayoor Infrastructure. The appeals challenge a Kerala high court order that suspended toll collection at the Paliyekkara toll plaza in Thrissur for four weeks over the poor condition of the Edappally–Mannuthy stretch of National Highway 544 and severe traffic congestion from ongoing works.
"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, takes 11 more hours and they have to pay a toll as well,” the CJI said, as quoted by PTI.
Solicitor general Tushar Mehta, appearing for NHAI, argued that the jam had been caused by a lorry overturning, which he described as an “act of God.” Justice Chandran disagreed, saying, “The accident which triggered the block was not a mere act of God but caused by a lorry toppling into a pothole.” Mehta added that service roads had been provided and blamed monsoon rains for slowing work, suggesting proportionate toll reduction instead of suspension. Justice Chandran, however, remarked that a 12-hour ordeal went far beyond proportional adjustment, reported PTI.
“In Delhi, you know what happens... if it rains for two hours, the entire city gets paralysed,” the bench also observed, underscoring the plight of commuters on poorly maintained roads.
Senior advocate Jayant Muthraj, appearing for the original petitioners, argued that NHAI had the responsibility to ensure a motorable road and that collecting toll amid such conditions violated public trust . He said the high court had suspended toll collection only as a last resort after earlier interim directions.
The high court’s August 6 order held that motorists could not be charged when highways were badly maintained and congestion severe, stressing that the NHAI–public relationship was one of “public trust.”
The Supreme Court has reserved its verdict on the case.
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