New Delhi, Aug 14 (PTI) The Supreme Court on Thursday expressed its unwillingness to interfere with the Kerala High Court’s order suspending toll collection at the Paliyekkara toll plaza in Thrissur district.
A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran, which was hearing a plea of National Highway Authority of India, referred to the poor condition of the Edapally–Mannuthy stretch of National Highway 544 in Kerala.
“You take the toll from the people and don’t provide the services… the service road is not maintained,” bench said.
The high court on August 6 ordered a four-week suspension of toll collection, observing that motorists could not be charged when the highway was badly maintained and traffic congestion was severe.
It said the relationship between the public and the NHAI was one of “public trust” and that failure to maintain smooth traffic flow breached that trust.
Solicitor General Tushar Mehta, appearing for NHAI, argued the high court ruling "wrongly" allowed the concessionaire, Guruvayoor Infrastructure Ltd, to recover losses from the NHAI.
He said under the operations and maintenance (O&M) contract, the concessionaire was responsible for upkeep.
Justice Chandran pointed out the intersections cited were far from the toll plaza and referred to a local news report of a man missing his father-in-law’s funeral due to traffic jams at the toll booth.
“Instead of filing an appeal and wasting time, you do something,” Justice Chandran told the NHAI, noting even ambulances struggled to pass during congestion.
When Mehta sought adjournment to present maps showing the work locations, the CJI said, “You want to postpone the dismissal?”
The bench indicated it was not inclined to admit the petition, but would clarify that disputes between NHAI and the concessionaire could be resolved through arbitration.
The matter, along with the concessionaire’s separate petition, was posted for further hearing on Monday.