The Madras High Court has directed the National Highways Authority of India (NHAI) to stop collecting toll fees on the Madurai–Tuticorin highway until the road is properly maintained in accordance with standards prescribed under the National Highways Authority of India Act, 1988.

A division bench of Justice S.M. Subramaniam and Justice A.D. Maria Clete observed that the NHAI is duty-bound to ensure that national highways are maintained in good condition before levying toll from users.

“Collection of toll fee in Madurai–Tuticorin National Highways is impermissible while the road remains in a bad condition,” the Court said, adding that road users are entitled to well-maintained highways before being required to pay tolls.

The direction came while hearing a petition filed by V. Balakrishnan, who sought action against the Director of Madurai-Tuticorin Expressway Ltd. for alleged mismanagement in the allocation of funds related to highway maintenance and sapling plantation. He submitted that despite the termination of the concessionaire’s contract for failing to maintain the highway as per statutory standards, toll collection continued.

The NHAI, represented by its counsel, argued that the dispute pertained to contractual obligations and that the petitioner had no locus as he was not a party to the concession agreement. They also pointed to ongoing arbitration proceedings. However, the Court rejected this contention, holding that the petitioner, as a toll-paying road user, had the right to demand proper road conditions.

“The pendency of arbitration proceedings does not absolve NHAI of its statutory obligation to maintain highways,” the Court stated. It emphasized that toll can only be charged when highways are maintained in accordance with prescribed norms.

Accordingly, the Court restrained NHAI and other respondents from collecting toll fees from commuters travelling between Madurai and Tuticorin until the highway is re-laid or repaired as per standards. However, it clarified that toll collection may resume once the road is brought up to the required condition.

Case Title: V. Balakrishnan v. The General Manager (T) and Others
Citation: 2025 LiveLaw (Mad) 189
Counsel for Petitioner: Mr. S. Vanchinathan
Counsel for Respondents: Mr. B. Naveen Kumar for Mr. Su. Srinivasan (Standing Counsel for NHAI), Ms. Lakshmi Gopinathan for Mr. C. Sasikumar