Suspension of toll collection at Paliyekkara to continue as SC upholds Kerala HC order

The Kerala HC had ordered a four-week suspension of toll collection, as it observed that motorists could not be charged when the highway was badly maintained.

New Delhi: The Supreme Court has said it was more concerned with the plight of the harried citizen, the strained environment and the abject wastage of fuel, as it dismissed a plea against the Kerala High Court's interim order suspending the toll collection in Paliyekkara toll booth in Thrissur district for four weeks due to the bad condition of the Edappally-Mannuthy stretch in the national highway.

"We are not convinced that any interference can be made to the order, at this stage, especially when the arguments of the NHAI and the Concessionaire gloss over the citizen centric approach, the High Court took in the matter,'' a bench of Chief Justice of India B R Gavai and Justices K Vinod Chandran and N V Anjaria said.

The High Court passed the order on August 6 in desperation since there was no positive response despite a number of remonstrations, the bench noted.

"Let the citizens be free to move on the roads, for use of which they have already paid taxes, without further payment to navigate the gutters and pot-holes, symbols of inefficiency,'' the bench said.

Challenging the High Court's order, the National Highways Authority of India (NHAI) contended the work of maintenance of the service roads is proceeding on a war footing and smooth traffic would be ensured soon.

To this, the bench said the minute smooth traffic is resumed, the NHAI or the Concessionaire would be entitled to pray for lifting the prohibitory order, even before the four-weeks as ordered by the High Court.

"We are clear in our minds that there is no cause for interference to the interim order and we are convinced not only that the order be sustained, but the division bench also be requested to monitor the situation to ensure ease of traffic. We also request the division bench to implead the contractor who is carrying out the work on the black spots, namely M/s. PST Engineering and Constructions, Namakkal,'' the bench said. 

On appeal filed by the NHAI and Concessionaire, Guruvayoor Infrastructure, the bench said, it was not inclined to make any proportionate reduction in toll in view of a total lock jam. 

Even if only 5 kms at the black spots in the 65 kms stretch is affected, the fact remains that the cascading effect of the traffic jam at the black spots compounds the hours to traverse the entire stretch. As far as who is responsible for such blockage and congestion, it would be best left to be agitated in an appropriate proceeding initiated by the parties, it said.

In its order, the court noted, in a democracy, roads are laid on Build Operate and Transfer (BOT) contracts to ensure that the cost is collected from the users, when motor vehicle tax is remitted for their use on roads, is a sad reflection of free market. 

The successful bidder extracts much more than what is spent on construction and maintenance, is a comedy of errors, it said.

The roads fall into disrepair due to vagaries of nature and often rank neglect, is the stark reality. The toll collectors at the booths, often due to understaffing and overwork, behave like satraps, is a fact of life. The poor citizen is bound to wait for hours, in queue and in a cramped space, with the engine running but hardly moving, is a tragedy. The toll is really on the purse and the patience of the citizen, as also the environment, is the downside, the bench said.

The Kerala HC had on August 6 ordered a four-week suspension of toll collection, as it observed that motorists could not be charged when the highway was badly maintained and traffic congestion was severe and the people faced 12 hour long traffic jam.

The top court bench had earlier refused to quash the HC order, on the ground that the Edapally–Mannuthy stretch of National Highway 544 in Kerala road was in a poor condition.