The Supreme Court on Monday, August 11, consented to examine a petition challenging the Kerala High Court’s decision to halt toll collection at the Paliyekkara toll plaza on National Highway 544 in Thrissur district.

The petitioner’s counsel highlighted that the Kerala High Court’s order to suspend toll collection is causing a financial loss of Rs 50 lakh per day, citing the alleged non-compliance with statutory requirements as the basis for the suspension.

Following an urgent mention, a bench headed by Chief Justice of India BR Gavai scheduled the hearing for Thursday.

Kerala High Court’s Reasoning Behind Suspension

The Kerala High Court had directed the suspension of toll collection for a period of four weeks. The Court based its order on the poor maintenance of the Edapally-Mannuthy stretch, which led to severe traffic congestion and delays in roadworks.

The bench emphasized that toll fees cannot be demanded from commuters when the highway access is compromised due to bad road conditions and resulting traffic snarls.

The Court further remarked that the public’s obligation to pay toll fees hinges on the National Highways Authority of India (NHAI) ensuring smooth and unhindered traffic flow. The relationship between the public and NHAI is grounded in public trust, and when this trust is violated, the statutory right to collect tolls cannot be enforced on the public.

Context and Similar Precedents

This order aligns with a recent decision by the Madras High Court, which had suspended toll collection on the Madurai-Tuticorin highway stretch. However, the Supreme Court had later stayed that order following an appeal by NHAI.