The Kerala High Court on Friday lifted the suspension of toll collection at the Paliyekkara toll plaza on National Highway-544 (NH 544). [Shaji J Kodankadath v. Union of India and connected cases].
A Division Bench of Justices A Muhamed Mustaque and Harisankar V Menon had earlier passed an interim order on August 6 suspending toll collection on account of poor road conditions and traffic congestion.
In the order passed today, the Court said such issues could have been addressed by the National Highways Authority of India (NHAI) as citizens' concerns cannot be overlooked.
However, the Court also said that the continued suspension of toll collection could lead to many litigations, even as it stressed that issues faced by citizens cannot be ignored.
"We are not closing this matter so that it can be taken up at necessary times to give appropriate times. But we have to be conscious of the fact that if concessionaire is not allowed to collect toll, it may attract many litigations. We also cannot ignore the issues faced by citizens."
The Court also took note that a new toll fee rate has come unto effect from September 1. It said the same cannot be given effect to on this stretch of the NH 544.
It thus revoked the suspension only on the condition that new rates shall not be collected till further orders.
The Court passed the order on petitions challenging toll collection at Paliyekkara due to the poor conditions of NH 544 and the resulting traffic congestion. One traffic block was reported to have lasted over 12 hours.
Following the High Court's previous order suspending toll collection, the NHAI moved the Supreme Court in appeal but the top court dismissed the appeal. It also asked the Kerala High Court to continue monitoring the situation closely.
On August 21, the High Court ordered the constitution of an Interim Traffic Management Committee to monitor traffic conditions in the area.
The committee consisting of the District Collector, Superintendent of Police and Regional Transport Officer was tasked with inspecting congested areas and submitting recommendations.The Court suggested that restrictions on heavy vehicles during peak hours could be considered as a possible solution to traffic woes.
The Court initially planned on revoking the suspension of toll collection on September 22. However, it held off on pronouncing the order after reports surfaced about the collapse of a service road near Muringoor.
The Court took up the matter several times over the last month to get reports from the Interim Traffic Management Committee and the NHAI on progress in complying with the Court's directions.
This week, Solicitor General Tushar Mehta appeared for NHAI and assured the Court that the situation at Paliyekkara has improved substantially. He also told the Court that the present case has led to similar litigation in other parts of the country as well. Mehta submitted that if toll collection is challenged in this manner, it could make it harder for the NHAI to maintain highways, since toll collection is what funds such activities.
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