Why Should Commuters Pay Tolls? SC Queries NHAI on Extensive Traffic Delays on Kerala Highway

Synopsis
Key Takeaways
- The Supreme Court is scrutinizing the toll collection practices of the NHAI.
- 12-hour travel times on National Highway 544 raise questions about road conditions.
- Justice Chandran emphasized the need for compensation to commuters.
- The Kerala High Court has suspended tolls until traffic issues are resolved.
- Ongoing infrastructure challenges impact daily commuters significantly.
New Delhi, August 18 (NationPress) The Supreme Court raised concerns on Monday regarding the National Highways Authority of India (NHAI) and the rationale behind toll payments when it takes a staggering 12 hours to traverse the National Highway 544 in Kerala on weekends.
A bench comprising Chief Justice of India (CJI) B.R. Gavai, along with Justices K. Vinod Chandran and N.V. Anjaria, questioned whether the NHAI ought to offer compensation to commuters for their time and fuel wasted during the extensive traffic delays.
The CJI Gavai-led panel was evaluating several petitions, including a special leave petition (SLP) from the NHAI, which contested a Kerala High Court ruling that temporarily halted toll collection at the Paliyekkara Toll Plaza on the Edappally-Mannuthy National Highway, near Kochi, due to the authorities' inability to alleviate severe traffic congestion.
Solicitor General Tushar Mehta, representing the NHAI, informed the court that an overturned lorry was responsible for the traffic jam.
In response, Justice Chandran, who regularly uses the route, remarked: "The lorry didn’t overturn by itself; it fell into a pothole and turned over."
Justice Chandran further stated, "The NHAI should indeed compensate commuters for their lost time and fuel during these traffic jams. The condition of the road is deplorable," referring to media reports on the ongoing traffic issues.
Similarly, CJI Gavai questioned Solicitor General Mehta: "Why should someone pay Rs. 150 in tolls if it takes 12 hours to travel from one end to the other?"
Mehta replied that alternative service roads were available for commuters where underpass construction was taking place, although the ongoing monsoon had delayed this work.
After considering the arguments from both sides, the court concluded, "Heard Mr. Tushar Mehta, learned Solicitor General of India, representing the petitioner(s)…. and Mr. Jayanth Muth Raj, learned senior counsel representing the respondent(s). Arguments concluded. Judgment is reserved."
As the court deliberated on a series of petitions calling for a suspension of toll collection until the traffic issues were resolved, the Kerala High Court observed, "Toll collection can only resume once the traffic problems are fixed."
A bench of Justices Muhammad Mustaque and V. Harishankar Menon inquired, "How can toll collection be justified if the roads are in poor condition?" They noted that while the NHAI had built service roads as alternatives, those were also in a poor state, exacerbating the current crisis.