ORDER :

SUNITA AGARWAL, C.J.

1. In this Public Interest Litigation raising issue about mis- management of a section of the National Highways, an issue, has arisen with regard to the pitiable road conditions between Ankleshwar-Bharuch, Bharuch-Surat and Surat-Dahisar.

2. Mr. Maulik G. Nanavati, learned advocate for National Highways Authority of India (NHAI) invited attention of the Court to the affidavit dated 12.03.2026 of the Project Director, Project Implementation Unit, Surat of the National Highways Authority of India to submit on the expenditures incurred in the maintenance work of National Highways that all the amounts collected from the toll plazas across the country, which are not under public private partnership, are clubbed and credited to the Consolidated Funds of India Accounts maintained by the Government of India after deduction of operation and other administrative expenses.

3. The new NHAI does not maintain the user fee collected from the vehicles using a particular section of stretch of the national highway for expending the same towards development, upgradation or maintenance of the said section or stretch of the highway. The amount required to be spent towards development or upgradation is allocated by the authority to the concerned PIU after necessary decision for the augmentation of facility or widening of road or enhancement of vehicular capacity, are taken at the management level by the authority in due consultation with the Ministry of Road Transport and Highways, Government of India.

4. It is, therefore, not possible for the NHAI to give a tabular chart co-relating the collection and expenditure for a particular stretch of tollable road.

5. In the subsequent affidavit dated 22.04.2026 filed by the Manager (Tech.), Project Implementation Unit, Surat, it is stated that NHAI has published “Maintenance Manual” for guidance of the Project Implementation Units, providing a comprehensive overview of the procedures involved in assessing the condition / performance of various highway assets, identifying appropriate intervention levels, and outlining treatment and rectification methodologies for these assets. The manual is designed to serve as a guide for effective management and maintenance of highway infrastructure, ensuring safety, functionality, and sustainability. There are mainly four types of maintenance mentioned in the “manual”, (i) Routine Maintenance, (ii) Preventive Maintenance, (iii) Periodic Main tenace and (iv) Major Maintenance.

6. It is contended that over years after ending of the concession period for both the stretches of the Highway namely, Bharuch-Surat and Surat-Dahisar, the concerned Project Implementation Units, within whose administrative jurisdiction the stretch of the highway falls, has awarded contract to different agencies for different kinds of pavement and structure maintenance works.

7. The short term contracts awarded for routine maintenance work on urgent basis and major maintenance work, including overlay using Dense Bituminous Macadam (DBM) and Bituminous Concrete (BC) on the entire stretch of Bharuch-Surat section of the highway has been granted to one contractor named therein. Separate contracts were awarded for similar major maintenance work, including overlay for length of about 65 kms on the stretch of highway from Surat to Vapi and balance 56 kms, separately. Both the contract agencies have performed their work satisfactorily and are continuing to maintain the stretch of highways under the defect liability period, duration of which is five years. However, one of three contractors engaged was found to have been deficient in performance of the overlaying work, and also the maintenance of the highway was not found to be as per the prescribed specifications and standards. Therefore, contracts were awarded to other agencies, which had performed the work to different contractors by invoking the risk and cost clause in the agreement.

8. As regard the conditions of road, the work of wh