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Kerala High Court suspends toll collection at Paliyekkara on NH-544

The Court deemed it fit to halt toll collection noting the huge delays commuters have been facing, often spanning 5-6 hours, on the 20km Edappally–Mannuthy NH stretch.

Praisy Thomas

The Kerala High Court on Wednesday suspended collection of toll at the Paliyekkara Toll Plaza on National Highway 544 in Thrissur district, for a period of four weeks [Shaji J Kodankadath v. Union of India and connected cases].

A Division Bench of Justices A Muhamed Mustaque and Harisankar V Menon passed the order on a batch of petitions which raised grievances regarding the poor condition of that stretch of National Highway causing undue hardship to commuters.

The Bench deemed it fit to halt toll collection noting the huge delays commuters have been facing, often spanning 5-6 hours, along the Edappally–Mannuthy stretch of the highway. The lack of road maintenance by the National Highways Authority of India (NHAI) coupled with the absence of alternative routes prompted the Bench to take this step.

The Bench had, during past hearings, stated that the right to collect roll is directly dependent on the service provided to commuters.

"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 Court observed.

The petitions before the Court particularly highlighted the ongoing over bridge construction along this stretch of the NH as being one of the major causes of traffic congestion.

Assistant Solicitor General of India ARL Sundaresan, appearing for NHAI, had informed the Court that road repairs may take some time due to the monsoon.

[Read Order]

Shaji J Kodankadath v. Union of India and connected cases.pdf
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