Kochi: The Kerala High Court on Tuesday raised concerns over the continued toll collection at the Paliyekkara Toll Plaza in NH 544, despite media reports and commuter complaints of poor and obstructed road conditions.

Justice A Muhamed Mustaque and Justice Johnson John questioned the continued toll collection while the matter came before the division bench.

Justice Mustaque stressed that the commuters paying toll are entitled to well-maintained roads. “If they are paying, are they not entitled to smooth traffic through the road?” he asked.

The court underscored that the commuter's right to safe and unobstructed travel is paramount, noting that “our focus is only on the commuters, who are burdened with the payment of toll.”

Appearing for the Centre, the Additional Solicitor General of India (ASGI) requested one week's time to resolve the issue, stating, “If toll is suspended even for a week, it will give rise to other consequences.”

The ASGI further submitted that a meeting will be convened with the State government and other stakeholders to address the concerns.

The court observed that, despite intervention by the District administration, the NHAI has failed to address and resolve the issue. The ASGI and the counsel for the National Highway Authority submitted that the issue is limited to 4.8 km and there was no obstruction to the remaining 65 km stretch.

The court observed that the right to collect emanates from statutory provisions. Commuters and travellers are the beneficiaries. If the road is rendered unmotorable and not safe for the travellers, it should result in the suspension of toll collection.

The court will now take up the case again on July 16.
(With LiveLaw inputs)