The Kerala High Court has directed the National Highways Authority of India (NHAI) and its associated agents not to collect tolls if the highway is not safe or regulated. The decision came after multiple complaints were raised against toll collection in the Edapally—Mannuthy section of NH 544.
Why did the court say stop toll collection?
The court made the decision after multiple complaints of heavy traffic owing to construction and unmaintained service roads. Owing to this, the court ordered NHAI to stop collection tolls for four weeks.
A division bench of Justices A Muhamed Mustaque and Harisankar V Menon said, “…we order that the collection of user fees shall be suspended forthwith for four weeks, and we further order that the central government shall take appropriate decisions within the above period addressing the concern and grievance of the public…”.
The court said that NHAI is responsible for smooth flow of traffic on the roads while pointing towards the importance of public trust.
NHAI slams back
To the decision, NHAI got back, saying the collection of toll is under the contract and stopping it may have consequences under the contract law. However, the court rejected the contention and said fee collection is not based on contractual agreement but also under statutory provisions.
The court said, “If the public is not receiving the intended benefit of road usage in return for the user fees imposed, the State cannot compel payment of such a fee solely based on a private contractual arrangement.”
The court highlighted the fact that fee collection at tolls has to along with the public receiving services without any hindrances. The court said that the State has to prioritise public interest in any public infrastructure initiated by it.
Not the first time in Kerala
This is not the first incident involving bad roads and toll collection in Kerala. Recently, a man protested for nine and a half hours before the toll gates opened for him. Shento V Anto, a cinematographer by profession, often travels from Palakkad to Ernakulam, was frustrated over construction and bad roads. He refused to pay the toll by simply not recharging his FasTag, and parked in front of the boom barrier.
