In a significant move affecting thousands of daily commuters, the Kerala High Court on Friday lifted its earlier suspension of toll collection at the Paliyekkara toll plaza on National Highway-544. The Bench, however, made it clear that the new, revised toll rates-introduced from September 1 cannot be implemented until further orders.
The order came from a Division Bench comprising Justice A. Muhamed Mustaque and Justice Harisankar V. Menon while hearing a batch of petitions led by Shaji J. Kodankadath v. Union of India and connected cases.
Background
The toll collection at Paliyekkara had been halted since August 6, following a court order prompted by citizen complaints about the poor condition of the road and massive traffic jams. Some reports had pointed to vehicles being stranded for over 12 hours during peak hours-a situation that had become symbolic of the public’s frustration with the highway’s upkeep.
The suspension order had come down hard on the National Highways Authority of India (NHAI), which the court said had “failed to address ground realities.” However, the NHAI subsequently approached the Supreme Court challenging the suspension. The apex court dismissed the appeal but directed the Kerala High Court to keep a close watch on the situation, noting that public interest should remain the guiding factor.
To ensure better monitoring, the High Court had constituted an Interim Traffic Management Committee, including the District Collector, Superintendent of Police, and Regional Transport Officer, to inspect bottlenecks and suggest immediate measures. The committee even proposed curbing heavy vehicle movement during rush hours as a stopgap solution.
Court’s Observations
When the matter returned to court this week, Solicitor General Tushar Mehta appeared for NHAI and argued that the situation had “substantially improved” since the suspension. He also raised a broader concern: “If toll collection is challenged in this manner across the country, it could become extremely difficult for NHAI to maintain highways,” he said.
The Bench, while acknowledging the improvement, made it clear that citizen inconvenience could not be brushed aside. “We are not closing this matter,” the judges observed, “so that it can be taken up again whenever necessary. But we must be conscious that if the concessionaire is not allowed to collect toll, it may attract many litigations. At the same time, we cannot ignore the issues faced by citizens.”
The court also noted that the revised toll fee structure introduced on September 1 could not yet be applied to the Paliyekkara stretch, remarking that implementing new rates amidst ongoing disputes would be “premature and unfair.”
Decision
After several rounds of hearings, field inspections, and status reports, the High Court decided to lift the suspension on toll collection, but with a stern rider: the new rates shall not be enforced until further orders.
By this arrangement, the court appears to be balancing two sidesensuring that the NHAI can continue essential road maintenance through toll revenue, while keeping the concerns of the public under its vigilant watch.
The matter remains open, with the Bench indicating that it would continue to monitor the highway’s condition and the functioning of the Interim Traffic Management Committee. For now, motorists at Paliyekkara can expect toll collection to resume, albeit without a hike in rates.
Case Title: Shaji J. Kodankadath v. Union of India and Connected Cases
