Institute of Legal and Management Studies

The Supreme Court has dismissed the appeal filed by the National Highway Authority of India (NHAI) challenging the Kerala High Court's judgment which suspended the toll collection in Paliyekkara toll booth in Thrissur district due to the bad condition of the Edappally-Mannuthy stretch in the National Highway 544.

The Court also dismissed the appeal filed by Guruvayoor Infrastructure Ltd, the concessionaire who is collecting the toll.

A bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran had reserved the order yesterday. In the order which was released today evening, the bench stated that the appeals are dismissed.

During the hearing, the bench had severely criticised the NHAI for the terrible condition of the road stretch, which witnessed a 12-hour long traffic snarl on the last weekend. The bench asked how the commuters can be asked to pay toll if the road is not in a motorable condition.

"Why should a person pay 150 Rs 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!" CJI BR Gavai had observed during the hearing.

Justice Vinod Chandran referred to media reports regarding the traffic congestion in the road stretch. Both judges also said that they have personally experienced the traffic congestion in the route.

Solicitor General of India Tushar Mehta appeared for the NHAI. Senior Advocate Shyam Divan appeared for the concessionaire. Senior Advocate Jayant Muthuraj represented the passengers who petitioned the High Court against the toll collection.

By the judgment dated August 6, a division bench of the Kerala High Court ordered the suspension of toll collection for four weeks on the ground that the Edapally-Mannuthy stretch was badly maintained and was facing severe traffic congestion due to the delay in the execution of works.

The Court observed that toll fees cannot be collected from the public when access to highway is hindered due to ill-maintained roads and consequent traffic congestion.

"It is to be remembered that the public is obliged to pay the user fees at the toll for using the highway. It casts responsibility on the National Highways Authority to ensure smooth traffic without any barrier created by the NHAI or by its agents, who are the concessionaires. 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 High Court observed.

Case Details : NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANR. Versus O.J JANEESH AND ORS| SLP(C) No. 22579/2025

Click here to read the order