On 14/8, the Supreme Court declined to intervene in the Kerala High Court's decision to suspend toll collection at the Paliyekkara toll plaza in Thrissur district.
The court had previously heard a petition regarding the deteriorating condition of the Edapally-Mannuthy stretch of National Highway 544 in Kerala, brought by the National Highways Authority of India (NHAI).
"You collect tolls from the public but fail to provide services; the service road is not maintained," the bench stated.
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The Paliyekkara toll plaza in Kerala. Photo: Mathrubhumi |
The Paliyekkara toll plaza in Kerala. Photo: Mathrubhumi
On 6/8, the high court ordered a 4-week toll suspension, noting that drivers shouldn't be charged when the highway isn't properly maintained and experiences severe congestion.
The court also emphasized the "public trust" between the public and NHAI, stating that the failure to maintain smooth traffic flow violated this trust.
Representing NHAI, attorney Tushar Mehta argued that the high court's ruling was "erroneous" in allowing the contractor, Guruvayoor Infrastructure, to recover losses from NHAI. He explained that the concessionaire is responsible for maintenance according to the operation and maintenance contract.
Justice Chandran cited a local news report about a man who missed his father-in-law's funeral due to traffic jams at the toll booth.
"Instead of filing an appeal and wasting time, you should do something," Justice Chandran told NHAI, noting that even ambulances struggled to navigate the congestion.
The court stated it wouldn't accept the petition but clarified that disputes between NHAI and the concessionaire could be resolved through arbitration. The next hearing is scheduled for 18/8.
My Anh (Hindustan Times)