Supreme Court Supports Commuters by Upholding Toll Suspension Due to Poor Road Conditions
In a significant ruling on August 18, 2025, the Supreme Court of India upheld the rights of citizens by declaring that tolls cannot be charged on roads plagued by potholes, traffic jams, and persistent congestion. The court emphasized that the payment of user fees is intrinsically linked to the assurance of safe and unhindered travel. This decision came after the Kerala High Court suspended toll collection for four weeks on a heavily congested stretch of National Highway 544, between Ernakulam and Mannuthy, in response to a public interest petition highlighting severe traffic issues.
Background of the Case
The legal dispute originated from a public interest litigation filed in the Kerala High Court concerning the Edapally-Mannuthy section of NH-544, particularly at the Paliyekkara toll plaza in Thrissur district. Commuters reported excessive congestion due to ongoing construction, potholes, and inadequate traffic management, often spending hours in traffic jams. Despite several orders from the High Court directing the National Highways Authority of India (NHAI) to address these issues, conditions continued to deteriorate, with reports of traffic delays extending up to 12 hours, especially on weekends. On August 6, 2025, the Kerala High Court ordered a suspension of toll collection for four weeks, mandating that the NHAI resolve the traffic congestion during this period. The court reasoned that when access to the highway is severely compromised, toll fees cannot be justifiably collected.
Supreme Court’s Observations
Upon reviewing the case, the Supreme Court painted a stark picture of the toll-road system, highlighting the struggles faced by everyday commuters. The court noted that the current toll collection model, based on Build Operate and Transfer (BOT) contracts, often results in excessive charges for users while failing to maintain road quality. The justices pointed out that the delays and congestion not only waste fuel but also impose psychological burdens on commuters. They emphasized that the obligation to pay tolls is predicated on the expectation of safe and efficient travel, and any failure by the NHAI to provide this service constitutes a breach of public trust. The court’s observations underscored the need for a citizen-centric approach in managing road infrastructure.
Arguments from NHAI and the Concessionaire
During the proceedings, Solicitor General Tushar Mehta, representing the NHAI, argued that the congestion was limited to specific areas known as “black spots” where construction was underway. He contended that the primary carriageway remained unaffected and that local disruptions should not warrant a suspension of tolls across the entire highway. The concessionaire’s counsel, Senior Advocate Shyam Divan, echoed this sentiment, asserting that the concessionaire was not responsible for the current traffic issues, as maintenance tasks had been assigned to another contractor. Both parties expressed concerns about the financial implications of suspending tolls, claiming it could lead to significant daily losses and jeopardize their ability to maintain the road.
Court’s Final Ruling
After considering the arguments, the Supreme Court declined to intervene in the Kerala High Court’s order, reaffirming its support for the suspension of tolls. The court highlighted that even if congestion was localized, the resulting traffic jams rendered the entire highway effectively unusable. The justices made it clear that the toll system must align with the public’s right to safe and efficient travel. They concluded that citizens should not be subjected to additional payments for navigating poorly maintained roads. The Supreme Court dismissed all appeals from the NHAI and the concessionaire, affirming the interim order and mandating ongoing observation of the traffic situation to ensure smoother travel for commuters.
Observer Voice is the one stop site for National, International news, Sports, Editor’s Choice, Art/culture contents, Quotes and much more. We also cover historical contents. Historical contents includes World History, Indian History, and what happened today. The website also covers Entertainment across the India and World.
Follow Us on Twitter, Instagram, Facebook, & LinkedIn
