Paliyekkara toll suspension has led to similar litigation at other places: NHAI tells Kerala High Court

Solicitor General Tushar Mehta on Tuesday flagged concern that the Kerala High Court's decision to suspend toll collection at the Paliyekkara Toll Plaza due to bad road conditions has triggered similar litigation elsewhere against the National Highways Authority of India (NHAI) [Shaji J Kodankadath v Union of India and connected cases].

The Solicitor General (SG) added that if toll collection is challenged like this, it could make it harder for the NHAI to maintain highways since toll collection is what funds such activities.

"When we stop collecting the toll, it affects the maintenance of the roads. We have traffic management in place. The position is that preventing toll collection exposes us to litigation from the concessionaires. My Lords, we have to balance the concerns of the citizens as well as general public interest, which is in the collection of toll. We are facing litigation at other places also because of this," he said.

He informed that toll collection was suspended on a certain stretch in Himachal Pradesh by the High Court recently, even though the issues there were not the same as those raised in Kerala's case.

"The difficulty is this (Kerala High Court order suspending toll) is being cited now all across (India). We faced some litigation in Himachal. I am not complaining, but there are no such similarities. There are potholes somewhere and the court has stayed the collection of toll. This has a cascading effect," he explained.

A Bench of Justices A Muhamed Mustaque and Harisankar V Menon was hearing several petitions highlighting issues caused by ongoing overbridge works at various places on National Highway 544 (NH 544) along the Edappally–Mannuthy stretch.

The Court had earlier suspended toll collection at Paliyekkara on August 6 after taking note of the poor road conditions and traffic congestion on this road stretch.

NHAI filed an appeal before the Supreme Court against the stay. However, the top court dismissed the appeal and asked the Kerala High Court to monitor the situation closely.

The High Court had subsequently planned on revoking the suspension on September 22. However, it held off on pronouncing the order after reports surfaced about the collapse of a service road near Muringoor.

During the last hearing in the case, the Court had suggested that the Central government at least consider revising the toll rate at the Paliyekkara toll plaza, considering the continuing complaints about the state of the road there.

Representing NHAI, SG Mehta today assured that the situation at Paliyekkara has improved substantially since the Court's earlier suspension of toll.

However, he also expressed that it would be difficult to continue maintaining the highway if toll collection is not allowed to resume.

"The moment we stop collecting this toll, it affects the maintenance of the rest of the highway as well," he said.

He added that it may not be feasible for the Central government to revise toll rates for just one stretch of highway.

"It may not be possible for the Central government to take individual decisions on individual highways, or there will be a series of applications before the Central government on various grounds like here increase it, reduce it etc."

The Court proceeded to ask the District Collector of Thrissur Arjun Pandian (who heads an Interim Traffic Management Committee set up on the Court's orders) if the road situation near Paliyekkara has improved.

"The situation remains the same as last reported. During peak hours, there is still congestion at Amalloor and Muringoor," the Collector replied.

"Please identify the main issues that can be managed immediately. Visit the site today itself and see what can be resolved," Justice Mustaque told him.

Addressing SG Mehta, the judge added that even the Supreme Court has indicated that toll collection can resume only once there is smooth traffic movement on the highway.

The Bench, however, hinted that it may pass orders on October 17 to lift its earlier suspension of toll collection.

"Orders on revoking the suspension of the toll will be passed on Friday," the Court said.

[Read live coverage]