Kerala HC lifts suspension of toll collection at Paliyekkara, bars rate hike
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Ernakulam: The Kerala High Court on Friday lifted the suspension of toll collection at the Paliyekkara toll plaza on National Highway 544, while clarifying that the recently revised toll rates shall not be implemented until further orders.
In its latest order, the court observed that although citizens’ concerns were genuine and should not be overlooked, the continued suspension of toll collection could lead to multiple litigations. The court took note that a new toll rate came into effect on September 1 but directed that it should not be enforced on this stretch of NH 544 until further notice.
A Division Bench of Justices A Muhamed Mustaque and Harisankar V Menon had on August 6 ordered the suspension of toll collection, citing poor road conditions and severe traffic congestion in the area.
“We are not closing this matter so that it can be taken up at necessary times to give appropriate directions. But we have to be conscious of the fact that if the concessionaire is not allowed to collect toll, it may attract many litigations. We also cannot ignore the issues faced by citizens,” the Bench noted.
The order came in response to petitions challenging toll collection at Paliyekkara, arguing that poor maintenance of the highway and heavy traffic jams—some lasting over 12 hours—made toll collection unjustified.
After the earlier suspension, the National Highways Authority of India (NHAI) had approached the Supreme Court, which dismissed the appeal but directed the High Court to continue monitoring the situation.
Following this, the High Court constituted an Interim Traffic Management Committee comprising the District Collector, Superintendent of Police, and Regional Transport Officer to inspect the site and suggest remedial measures. The committee was also asked to explore restricting heavy vehicles during peak hours to ease congestion.
The court had initially planned to revoke the suspension on September 22 but delayed its decision after a service road near Muringoor collapsed. Over the past month, it reviewed reports submitted by the committee and NHAI on compliance with its directions.
During this week’s hearing, Solicitor General Tushar Mehta, appearing for NHAI, informed the court that conditions at Paliyekkara had improved significantly. He also noted that similar petitions were emerging across the country, cautioning that frequent challenges to toll collection could hamper the maintenance of national highways.
(With Bar and bench inputs.)