No Repair, No Toll: Kerala High Court Upholds Paliyekkara Suspension, Citing NHAI's Delay

KOCHI – In a significant assertion of judicial oversight over public infrastructure and administrative accountability, the Kerala High Court has refused to lift its interim order suspending toll collection at the heavily-trafficked Paliyekkara toll plaza. The Court reiterated its firm stance that the National Highways Authority of India (NHAI) cannot resume collecting user fees until it completes essential road repairs and complies with the directives of a court-appointed committee.

A Division Bench of Justice A Muhamed Mustaque and Justice Harisankar V Menon, in the case of Shaji J Kodankadath v. Union of India and connected cases , declined the NHAI’s plea to vacate the suspension, linking the statutory right to collect tolls directly to the corresponding duty to provide safe and motorable roads. The ruling underscores a growing judicial trend of holding public authorities accountable for service delivery, particularly when a fee is levied on citizens.

The decision stems from multiple petitions filed by commuters challenging the toll collection at Paliyekkara on National Highway 544, citing the abysmal condition of the road and the severe, persistent traffic congestion, which on one occasion reportedly lasted for over 12 hours. The court's intervention highlights the critical balance between the state's revenue-generating mechanisms and its fundamental obligation to ensure public welfare and safety.

Court's Firm Stance on NHAI's Inaction

During the recent hearing, the Bench expressed its impatience with the NHAI's prolonged inaction. Assistant Solicitor General of India (ASG) ARL Sundaresan, representing the NHAI, assured the court of swift compliance but argued that the suspension of toll collection could not be postponed indefinitely.

The court, however, was unconvinced. Justice Mustaque pointedly reminded the NHAI that the authorities had been aware of the deteriorating road conditions since at least February, when the Thrissur District Collector initiated proceedings to address the matter.

"We also don't want to postpone. We understand the dilemma faced by everyone... but you had enough time from February when District Collector started proceedings," Justice Mustaque orally observed.

This observation frames the issue not as a mere logistical challenge but as a failure of administrative responsiveness. The court's refusal to concede to the NHAI's plea for an immediate resumption of toll collection signals that judicial patience has worn thin, and that assurances of future action are no longer sufficient. Instead, the Bench has demanded tangible results before restoring the NHAI’s revenue stream from the plaza.

The Role of the Interim Traffic Management Committee

Central to the court's monitoring mechanism is the Interim Traffic Management Committee, which was constituted by the Bench on August 21. This innovative approach brings together key local administrative and law enforcement officials—the District Collector, the District Police Superintendent, and the Regional Transport Officer—to provide on-ground assessment and oversight.

The committee was tasked with inspecting the congested stretches of NH-544 and submitting a report with actionable recommendations. Following its first meeting on August 23, the committee's findings confirmed the petitioners' grievances regarding poor road quality and traffic mismanagement. This report formed the basis for the court's decision in a subsequent hearing on August 26 to extend the toll suspension.

In the latest hearing, Thrissur District Collector Arjun Pandian appeared before the Bench and submitted that despite some progress, "several issues persist." He confirmed that specific instructions for remedial action have been issued to the NHAI. The court has now placed the onus on the Collector to verify the NHAI's compliance and report back by September 15, effectively empowering the local administration to hold a central agency accountable under judicial supervision.

Supreme Court's Backing and the Larger Legal Implications

The Kerala High Court's robust stance is significantly bolstered by the Supreme Court of India. After the High Court initially suspended the toll, the NHAI had appealed to the apex court. However, the Supreme Court summarily dismissed the appeal, providing a crucial endorsement of the High Court's approach. More importantly, the top court explicitly asked the Kerala High Court to "continue monitoring the situation closely," thereby sanctioning its active and ongoing oversight.

This legal saga carries profound implications for infrastructure governance and public interest litigation in India:

• Linking Rights and Duties: The case establishes a powerful legal precedent that the right of a concessionaire or authority to collect tolls is not absolute. It is intrinsically conditional upon the fulfillment of its duty to maintain the infrastructure to a prescribed standard. This principle could be invoked by commuters across the country facing similar issues of paying tolls for substandard highways.

• Innovative Judicial Remedies: The formation of a multi-departmental committee led by the District Collector is a creative and effective judicial tool. It moves beyond mere directions and establishes a ground-level mechanism for verification and enforcement, bridging the gap between judicial orders and their implementation.

• Empowering Local Administration: By placing the District Collector at the heart of the compliance process, the court has empowered the local executive to oversee the functions of a national body within its jurisdiction. This reinforces the role of the district administration as the primary custodian of public welfare, even in matters concerning central government agencies.

• Strengthening Citizen's Rights: The ruling is a significant victory for citizen-led accountability. It affirms that the public cannot be made to pay for services not rendered and that courts can and will intervene to protect commuters from being burdened by administrative apathy. The court’s remark, "Toll can only be collected after resolving the traffic issues," encapsulates this pro-citizen jurisprudence.

The Path Forward

The matter is scheduled to be heard next on September 15, by which time the District Collector is expected to submit a verification report. The future of toll collection at Paliyekkara now rests entirely on the NHAI's ability to demonstrate concrete action and satisfy the committee and, consequently, the court that the road is safe and traffic congestion has been mitigated.

The Paliyekkara toll plaza case is evolving into a landmark battle for commuter rights and a test case for the accountability of India's highway authorities. It serves as a stark reminder that in the contract between the state and the citizen, the payment of a fee must be met with a commensurate quality of service, and that the judiciary remains a vital guardian of this principle.