The Supreme Court has refused to interfere with a Kerala High Court directive that temporarily suspended toll collection on the Ernakulam -Thrissur stretch of National Highway 544, citing the hardship faced by commuters due to long traffic snarls and poor road conditions.
The case arose after repeated complaints about severe congestion at four critical points - Amballur, Perambra, Muringur and Chirangara - where underpasses and flyovers are under construction. Despite several directions from the High Court, commuters continued to suffer, leading to the suspension of tolls for four weeks.
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Appealing against this decision, the National Highways Authority of India (NHAI) and the private concessionaire argued that only certain “black spots” were affected, while the rest of the 65-kilometre highway remained operational. They further contended that the revenue loss of nearly ₹49 lakh per day would severely impact road maintenance.
However, the Bench led by Chief Justice B.R. Gavai, with Justices K. Vinod Chandran and N.V. Anjaria, stressed that public convenience cannot be sacrificed for contractual obligations. Quoting the High Court, the judges observed:
"When the public is legally bound to pay a user fee, they simultaneously acquire a corresponding right to demand unhindered, safe, and regulated access to the road."
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The Court also directed that the contractor currently handling the black spots, M/s PST Engineering and Constructions, be impleaded in the ongoing proceedings. While clarifying that NHAI was not automatically liable for damages claimed by the concessionaire, the Court left such issues to be decided by appropriate forums.
Until smooth traffic is restored, the suspension will continue, ensuring that citizens can travel without paying toll for roads already marred by potholes and delays.
Case Title: National Highways Authority of India & Anr. vs. O.J. Janeesh & Ors.
