Institute of Legal and Management Studies

The Supreme Court on Monday (August 11) agreed to hear a petition filed against the Kerala High Court's judgment, which suspended the toll collection in Paliyekkara toll plaza in Thrissur district along the National Highway 544.

"Toll collection has been suspended by the Kerala High Court, which is costing me Rs 50 lakhs per day on the ground of some statutory mandate not being followed by me," the counsel submitted.

After the petition was mentioned for urgent listing, a bench led by Chief Justice of India BR Gavai agreed to list the matter on Thursday.

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.

Recently, the Madras High Court had passed a similar order to suspend the toll collection along the Madurai-Tuticorin stretch, which was later stayed by the Supreme Court on NHAI's appeal.