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The Supreme Court has upheld a Kerala High Court order suspending toll collection for four weeks on the 65-km Ernakulam-Mannuthy stretch of NH-544, setting an important precedent for road accountability. Chief Justice B.R. Gavai and Justice K. Vinod Chandran ruled that citizens cannot be forced to pay tolls amid traffic jams, poor service roads, and potholes, stressing that user fees must guarantee safe, unhindered access. The Court noted, "The toll is really on the purse and patience of the citizen." Rejecting NHAI's appeal, the judgment underscores a citizen-centric approach, tying toll rights directly to the quality of road services provided.
The Supreme Court of India has affirmed a Kerala High Court order to suspend toll collection for four weeks on the 65-km Ernakulam-Mannuthy stretch of National Highway 544. This decision, which supports the earlier High Court ruling, is poised to create a significant precedent for highway maintenance and accountability across the country. Advertisement
A bench led by Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran upheld the toll suspension, noting that road users cannot be compelled to pay tolls when their access is hindered by traffic jams, distress, and blockades. The Court observed that the plight of citizens was at the heart of the issue, rejecting appeals from the National Highways Authority of India (NHAI) and its project concessionaire, Guruvayur Infrastructure Ltd (GIPL).
In its 10-page order, the Court held that the public's obligation to pay a user fee is contingent upon the assurance of unhindered, safe, and regulated access. The bench stated, "The toll is really on the purse and patience of the citizen, as also on the health of the system."
The original High Court order, issued in July, had suspended tolls from August 6 to September 3 due to recurring traffic snarls, poor service roads, and potholes at several "black spots" along the route. Despite arguments from Solicitor-General Tushar Mehta, representing NHAI, that minor hardships were for the "larger good," the Supreme Court maintained that authorities had overlooked a "citizen-centric approach."
This judgment is seen as a major win for commuter rights, holding that the right to collect tolls is directly tied to the quality of service provided to the public.
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