Supreme Court Rules: No Toll on Broken, Congested Highways, Upholds Kerala HC Order on Paliyekkara Plaza
Supreme Court Rules: No Toll on Broken, Congested Highways, Upholds Kerala HC Order on Paliyekkara Plaza
The Supreme Court has ruled that citizens cannot be forced to pay tolls for using highways that are either in poor condition or paralyzed by traffic jams. The court refused to interfere with a Kerala High Court order that had suspended toll collection at the Paliyekkara toll plaza on the Edappally–Mannuthy stretch of National Highway 544.
A bench led by Chief Justice Bhushan R Gavai, with Justices K Vinod Chandran and NV Anjaria, dismissed appeals filed by the National Highways Authority of India (NHAI) and its private contractor. The court said public interest and citizen welfare come before financial losses claimed by authorities.
“People have already paid taxes for these roads. They should not have to pay tolls just to struggle through potholes, craters, and endless jams,” the bench observed.
The Kerala High Court had stopped toll collection for four weeks after repeated complaints about damaged roads, massive potholes, and hours-long traffic snarls on the 65-km stretch. NHAI argued that disruptions were limited to a few construction zones, but the courts held that even small blockages can cripple the entire route. The Supreme Court cited instances of commuters stuck for up to 12 hours, noting that such conditions defeat the very purpose of a paid expressway.
The bench was also critical of poor coordination between NHAI and its contractor, holding both responsible for ignoring earlier court directions to fix the road. Senior lawyers representing NHAI and the concessionaire stressed that toll revenue — nearly ₹49 lakh per day — was vital for maintenance, but the court ruled that tolls can only be charged if safe, usable roads are provided.
The judgment also highlighted problems at toll plazas nationwide, where long queues waste fuel, time, and add to pollution. “Toll booths today test not just patience, but also wallets and the environment,” the court noted.
The suspension of toll collection will continue for four weeks or until road conditions improve. The Kerala High Court will monitor the situation and ensure the contractor is held accountable. While the Supreme Court clarified that NHAI’s financial liability is not absolute, it left contractual disputes between NHAI and the concessionaire to be settled separately.
The ruling sends a strong signal that accountability in road management cannot be ignored. For now, the court has made it clear: if the highways are broken and jammed, the toll gates must stay shut.
