The Supreme Court has said that tolls cannot be collected on roads that are incomplete, filled with potholes, or so congested that traffic barely moves. The court upheld a Kerala High Court decision that had stopped toll collection at the Paliyekkara toll plaza in Thrissur district.
On August 6, a division bench of the Kerala High Court had ordered a four-week suspension of toll collection on the 65-km Edapally–Mannuthy stretch of National Highway 544, citing its poor condition. The National Highways Authority of India (NHAI) and the private company responsible for maintenance and toll collection had challenged the order in the Supreme Court, arguing that the disruption was limited to only a small portion of the road.
However, a bench of Chief Justice B R Gavai and Justice K Vinod Chandran refused to interfere with the High Court’s directive. During the hearing, the court noted the severe traffic jams and deteriorated road conditions, observing that when a journey of just one hour takes 12 hours, it is unreasonable to demand toll fees. “Why should people pay Rs 150 for such a road?” the bench remarked.
The Supreme Court also agreed with the Kerala High Court’s observation that while citizens are obligated to pay tolls for using highways, NHAI has a duty to ensure smooth and uninterrupted travel. The High Court had underlined that the relationship between the public and NHAI is built on trust, and it is unfair to rely on law to extract toll charges when that trust is broken.
“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 top court said.
The bench further pointed out systemic issues at toll plazas, where understaffing and overburdened workers often treat commuters with disregard. As a result, vehicles remain stuck in long queues with engines running, which not only tests people’s patience and pockets but also harms the environment.
“Let the citizens be free to move on the roads, for use of which they have already paid taxes, without further payment to navigate the gutters and potholes, symbols of inefficiency,” the Bench said.
