New Delhi: The Supreme Court on Monday questioned why commuters should pay Rs 150 toll for a 65-kilometer stretch in Thrissur, Kerala, if it takes 12 hours to traverse it.
A bench comprising Chief Justice B.R. Gavai and Justices K. Vinod Chandran and N.V. Anjaria made the remark while reserving its verdict on pleas filed by the National Highways Authority of India (NHAI) and concessionaire Guruvayoor Infrastructure, challenging the Kerala High Court’s order suspending toll collection at the Paliyekkara toll plaza.
“Why should a person pay Rs 150 if it takes 12 hours to travel a road that should take one hour?” the CJI asked, noting that the journey was taking 11 hours longer than expected.
During the hearing, the bench was informed of a nearly 12-hour traffic jam on the stretch over the weekend. The Kerala High Court had suspended toll collection on August 6, citing poor road conditions on the Edappally–Mannuthy stretch of NH 544 and severe congestion due to ongoing construction work.
“We will consider everything and reserve orders,” the bench said after hearing Solicitor General Tushar Mehta for the NHAI and senior advocate Shyam Divan for the concessionaire.
Justice Chandran noted that the accident causing the traffic block—a lorry toppling into a pothole—was not simply an “act of God,” as argued by Mehta. While Mehta highlighted service roads provided during underpass construction and cited monsoon-related delays, Justice Chandran remarked that a 12-hour ordeal exceeded any reasonable toll adjustment.
The concessionaire maintained that it was responsible only for the 60-kilometer stretch under its control and blamed third-party contractors, including PSG Engineering, for service road bottlenecks. “My revenue cannot be stopped when I am not responsible for others’ work. We have already lost Rs 5–6 crore in 10 days,” Divan said, calling the high court order “grossly unfair.” The bench noted the concessionaire could claim losses from the NHAI, but Divan argued this did not cover ongoing maintenance costs.
Senior advocate Jayant Muthraj, representing the original petitioners, said it was NHAI’s duty to ensure a motorable road and that collecting tolls under such conditions violated public trust.
On August 14, the Supreme Court indicated reluctance to interfere with the high court’s order. The Kerala High Court had ordered a four-week suspension, observing that toll collection on poorly maintained, congested highways breached the “public trust” between citizens and NHAI.
