Why Toll For 12-Hour Ride, SC Asks NHAI

NEW DELHI: The Supreme Court on Monday questioned the National Highways Authority of India (NHAI) on why commuters should be charged ₹150 in toll fees if it took 12 hours instead of one hour to travel a 65-km stretch of highway in Thrissur, Kerala.

A three-judge bench of Chief Justice of India B.R. Gavai and Justices K. Vinod Chandran and N.V. Anjaria made the observation while reserving its verdict on pleas filed by the NHAI and concessionaire Guruvayoor Infrastructure, which challenged a Kerala High Court order suspending toll collection at the Paliyekkara toll plaza.

CJI Gavai remarked: “Why should a person pay ₹150 if it takes 12 hours to cover a road that should take only one hour? A commuter suffers 11 extra hours of delay and still has to pay toll as well.” The court noted this in the context of a 12-hour traffic jam reported on the stretch over the weekend.

On August 6, the High Court suspended toll collection citing the poor condition of the Edappally–Mannuthy stretch of NH-544 and severe congestion caused by ongoing works.

During Monday’s hearing, Solicitor General Tushar Mehta, appearing for the NHAI, argued that the disruption was triggered by an accident, calling it an “act of God.” However, Justice Chandran countered that the lorry accident occurred due to a pothole, and could not be dismissed as unavoidable.

Mehta said service roads were being provided where underpass construction was underway, but admitted that progress had slowed due to monsoon rains. He also suggested proportionate toll reduction rather than suspension. Justice Chandran, however, observed that a 12-hour ordeal went far beyond proportional adjustment.

Senior advocate Shyam Divan, representing the concessionaire, said it had maintained its 60-km section properly and blamed third-party contractors, including PSG Engineering, for bottlenecks on service roads. Calling the High Court’s order “grossly unfair”, he said: “My revenue stream cannot be stopped when I am not responsible for others’ work. The impact has already been ₹5–6 crore in just 10 days.”

The Supreme Court noted that the High Court had permitted the concessionaire to raise claims against the NHAI for losses. Divan argued this was inadequate since day-to-day maintenance costs continued while toll revenue was halted.

On August 14, the Supreme Court had already signalled reluctance to interfere with the High Court’s decision. In its earlier order, the Kerala High Court held that motorists could not be charged when highways were badly maintained and traffic congestion was severe, stressing that the relationship between the public and the NHAI was one of “public trust,” which had been breached by failure to maintain smooth traffic flow.