The Supreme Court on Monday dismissed the appeal filed by the National Highway Authority of India (NHAI) challenging the Kerala High Court's judgment, which suspended the toll collection in the Paliyekkara toll booth in Thrissur district due to the bad condition of the Edappally-Mannuthy stretch in NH 544.

The Court also dismissed the appeal filed by Guruvayoor Infrastructure Ltd, the concessionaire that is collecting the toll. A bench comprising CJI B R Gavai and Justice K Vinod Chandran had reserved the order on Monday.  In the order released on Tuesday, the bench said that the appeals are dismissed.

During the hearing, the bench severely criticised the NHAI for the terrible condition of the road stretch, which witnessed a 12-hour-long traffic snarl over the last weekend. The bench asked how the commuters can be asked to pay toll if the road is not in a motorable condition.

"Why should a person pay ₹150 if it takes 12 hours for him to get from one end of the road to the other end? A road that is expected to take one hour takes 11 more hours, and they have to pay toll as well, said CJI B R Gavai.

By the judgment dated August 6, a division bench of the Kerala High Court ordered the suspension of toll collection for four weeks on the ground that the stretch was poorly maintained and was facing severe traffic congestion due to the delay in the execution of works.

"It is to be remembered that the public is obliged to pay the user fees at the toll for using the highway. It places responsibility on the National Highways Authority to ensure smooth traffic without any barriers created by the NHAI or its agents, who are the concessionaires. This relationship between the Public and the NHAI is bound by the tie of public trust. The moment it is breached or violated, the right to collect toll fees from the public created through statutory provisions cannot be forced on the public," the High Court observed.
(With LiveLaw inputs)