Kerala High Court Poised to Conditionally Lift Ban on Paliyekkara Toll Collection

KOCHI, KERALA – The Kerala High Court has signalled its intention to permit the resumption of toll collection at the contentious Paliyekkara Toll Plaza on National Highway 544, potentially ending a month-long suspension that was instituted amid public outcry over severe traffic congestion. A division bench comprising Justice A Muhamed Mustaque and Justice Harisankar V Menon orally observed on Friday that it would likely allow the National Highways Authority of India (NHAI) to recommence tolling from Monday, albeit with certain conditions attached.

The decision hinges on a positive compliance report from an Interim Traffic Management Committee, which has expressed satisfaction with the remedial works undertaken by the NHAI to address the road conditions that led to the initial suspension. The case, titled Shaji J Kodankadath v Union of India , highlights the judiciary's role in balancing the financial imperatives of infrastructure projects with the fundamental right of citizens to safe and convenient passage.

Background of the Suspension: Public Frustration and Judicial Intervention

The legal saga began on August 6, when the High Court ordered an immediate suspension of toll collection at the Paliyekkara Plaza. This drastic measure was not taken lightly; it followed a massive 12-hour blockade organized by the public, protesting the chaotic traffic conditions and hazardous road surfaces caused by ongoing construction and repair works sanctioned by the NHAI. Commuters reported prolonged delays and dangerous driving conditions, arguing that levying a toll for a substandard and congested highway was unjust.

The High Court's initial order was a significant intervention, prioritizing public convenience over the NHAI's revenue stream. The matter escalated to the apex court, but on August 18, the Supreme Court of India affirmed the Kerala High Court's decision, refusing to interfere with the suspension. This affirmation underscored the legitimacy of the judicial intervention and kept the pressure on the NHAI to expedite and properly manage the necessary roadworks.

The Role of the Interim Traffic Management Committee

Central to the recent developments is the function of the Interim Traffic Management Committee. This body was constituted by the High Court specifically to devise and oversee a traffic management plan for the congested stretch of NH-544. Acting as the court's eyes and ears on the ground, the Committee's mandate was to assess the practical realities of the traffic situation and the efficacy of the NHAI's repair efforts.

Pursuant to the court's directions, the District Collector, a key figure in the Committee, had issued specific directives to the NHAI. These instructions targeted critical issues plaguing the highway, including the repair of uneven road surfaces and the completion of pending culvert works, which were identified as major contributors to the traffic bottlenecks.

The NHAI was subsequently directed to submit a detailed compliance report to the District Collector. In a crucial turn of events, the court was informed on Friday that this report has been reviewed by the Interim Committee, which has formally expressed its "satisfaction" with the works carried out. This endorsement from the court-appointed committee provided the necessary foundation for the NHAI to seek a revocation of the tolling ban.

NHAI's Plea and the Court's Conditional Assent

Appearing for the National Highways Authority of India, Additional Solicitor General of India (ASG) ARL Sundaresan made a compelling plea before the bench. He highlighted the significant financial and operational strain caused by the month-long suspension.

"For the last one month we are without any income," ASG Sundaresan submitted, emphasizing the economic impact. He further noted the human cost, stating, "about 300 employees are there, and we are periodically maintaining the roads. Your lordship shall permit us.” This argument framed the issue not merely as a matter of revenue, but also of the NHAI's ability to fund ongoing maintenance and sustain employment for its staff at the plaza.

In response to this plea, and in light of the Committee's positive feedback, the division bench gave its preliminary approval. "We will allow it on Monday, but we have to put some conditions," the bench stated orally. This remark indicates a nuanced judicial approach: while acknowledging the NHAI's operational needs, the court remains committed to its supervisory role and intends to safeguard public interest through enforceable conditions. The specific nature of these conditions is expected to be detailed when the court passes its formal orders on Monday.

Legal Implications and Looking Ahead

The case of Shaji J Kodankadath v Union of India serves as a potent case study in judicial oversight of large-scale public infrastructure projects. It demonstrates the power of the writ jurisdiction under Article 226 of the Constitution to provide immediate relief to citizens and hold statutory bodies like the NHAI accountable for service deficiencies.

For legal practitioners, particularly in public and administrative law, the proceedings offer several key takeaways:

• The Efficacy of Court-Appointed Committees: The use of an Interim Traffic Management Committee proved to be an effective mechanism for translating judicial directives into on-the-ground technical compliance. It allowed the court to rely on an expert assessment rather than engaging in a technical fact-finding mission itself.

• Balancing Competing Interests: The court is navigating a delicate balance between the NHAI's statutory right to collect tolls under the National Highways Act and the public's right to a safe and usable road. The impending conditional order will likely represent the court's formula for reconciling these competing interests.

• Judicial Activism in Public Service Delivery: The court's initial suspension order and its continued monitoring reflect a proactive judicial stance on ensuring that public services, for which citizens pay a fee, meet a minimum standard of quality.

As the matter is posted for final orders on Monday, all eyes will be on the specific conditions the Kerala High Court imposes on the NHAI. These conditions will likely pertain to ongoing monitoring of traffic flow, mandating swift completion of any remaining works, and possibly establishing a grievance redressal mechanism for commuters. The court's final order will not only determine the immediate future of the Paliyekkara Toll Plaza but will also set a significant precedent for how public grievances related to infrastructure projects are adjudicated in the future.

Case Title: Shaji J Kodankadath v Union of India and connected cases Case Number: WP(C) 20253/2021 and connected cases Bench: Justice A Muhamed Mustaque and Justice Harikumar V Menon