Can't force citizens to pay toll in addition to vehicle tax for pothole-ridden roads: Supreme Court

The Supreme Court on Monday dismissed the National Highway Authority of India's (NHAI’s) challenge to a Kerala High Court order which suspended toll collection for four weeks at the Thrissur district plaza on National Highway (NH) 544, citing poor road conditions and traffic bottlenecks. [National Highway Authority of India and Anr. vs. OJ Janeesh and Ors.]

In a strongly worded order, a Bench of Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran observed that the High Court was constrained to pass the directions only because its previous orders to address the situation were not implemented by NHAI authorities.

While refusing to set aside the High Court's order, the Bench asked the High Court to continue monitoring the situation to ensure ease of traffic.

The Bench made it clear that the public ought not be forced to pay tolls for such poorly maintained roads when they already pay motor vehicle tax.

"In the meanwhile, let the citizens be free to move on the roads, for use of which they have already paid taxes, without further payment to navigate the gutters and pot-holes, symbols of inefficiency", the Bench said in the order

The Bench also took an unfavourable view of the Build Operate and Transfer method of road construction, overzealous toll collection, rank disrepair of roads, the consequent impact on the environment and the lives of citizens.

"That, in a democracy, roads are laid on Build Operate and Transfer (BOT) contracts to ensure that the cost is collected from the users, when motor vehicle tax is remitted for their use on roads, is a sad reflection of free market. That, the successful bidder extracts much more than what is spent on construction and maintenance, is a comedy of errors. That, the roads fall into disrepair due to vagaries of nature and often rank neglect, is the stark reality. That, the toll collectors at the booths, often due to understaffing and overwork, behave like satraps, is a fact of life. That, the poor citizen is bound to wait for hours, in queue and in a cramped space, with the engine running but hardly moving, is a tragedy. That, the toll is really on the purse and the patience of the citizen, as also the environment, is the downside," the order stated.

The Bench also recorded the Solicitor General Tushar Mehta's submission on behalf of the NHAI that maintenance work is being carried out.

Once smooth traffic resumes, the NHAI or the concerned concessionaire can approach the Court to lift the order halting toll collection, even before the four weeks as ordered by the High Court lapses.

The NHAI had challenged the High Court's direction that any loss sustained by the Concessionaire can be raised from the NHAI in an appropriate manner. The Concessionaire had also contended that it is not at all responsible for the present deadlock as work on the 'black spots' causing the traffic blocks were contracted by the NHAI to another contractor.

The Supreme Court made it clear that the High Court's statement in this regard is not a finding of absolute liability on the NHAI.

"If any damages are claimed, it would definitely depend upon the causation of the blockage and congestion, leading to the impasse and the issue could be agitated before the appropriate forum and for determination of the same, the rival contentions of the parties would be left open," the Supreme Court's order stated.

Accordingly, the top court dismissed the appeal and asked the High Court to implead the said contractor in the case.

Solicitor General Tushar Mehta appeared for NHAI.

Senior Advocate Shyam Divan appeared for the concessionaire.

Senior Advocate Jayanth Muthuraj appeared for the original petitioners.

[Read Order]