The Supreme Court reiterated the Kerala High Court decision that toll cannot be charged for highways that are in a poor shape. Damaged roads cause inconvenience to commuters, waste fuel, and cause environmental damages.
A bench led by Chief Justice of India B R Gavai and Justices K Vinod Chandran and N V Anjaria dismissed while upholding the Kerala High Court's order dated August 6. According to it, toll collection was suspended for a duration of four weeks at the Paliyekkara toll plaza in Thrissur on NH-544 since the road condition was bad.
Referring to the High Court, the bench said, "When the public pays a user fee, they are entitled to safe and unhindered passage. If NHAI or its agents fail to ensure this, it amounts to breach of public trust and defeats the objective of toll collection."
Justice K Vinod Chandran observed that highways developed on the BOT model get funded through tolls, whereas vehicle owners pay motor vehicle tax. He noted that concessionaires usually recover far more than what they put in.
The judge then focused on neglected highways that have weathered damage, along with rude behavior by toll collectors.
