New Delhi
The Supreme Court on Monday asked the NHAI i.e. the National Highway Authority of India, if it takes 12 hours to decide the 65 km long highway in Thrissur, Kerala, then why should a passenger be asked to pay a toll (fee) of Rs 150.
A bench of Chief Justice BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria made the comment on the petitions filed by NHAI and the right to collect tolls by ‘Gurvayur Infrastructure’. The petition challenged the Kerala High Court order to ban the toll collection at Paliakkara toll plaza in Thrissur.
CJI said, ‘If a person takes 12 hours to go from one end to the other, then why should he pay 150 rupees? The road which is expected to take an hour, takes 11 hours more and they also have to give toll. During the hearing, the bench was informed about the traffic jam on this route for about 12 hours in the weekend.
The High Court on August 6 ordered a toll suspension on the basis of severe traffic jams due to poor condition of Edapalli-Munnuthi section of National Highway 544.
After hearing the arguments of senior advocate Shyam Dewan on behalf of Solicitor General Tushar Mehta on behalf of NHAI and senior advocate Shyam Dewan on behalf of the company, the bench said, “We will consider every aspect, reserve the orders.” Justice Chandran said that the accident due to which the road was blocked was not just a ‘divine act’, as Mehta argued, but was caused by a truck falling into the pit.
Mehta said that where the construction work of the underpass was going on, NHAI had provided service road, but he admitted that the monsoon rains have slowed down the pace of construction work. He also gave an example that was suggested to reduce the tolls proportionally rather than suspended.
At the same time, Guruvayur Infrastructure said that it has placed a 60 -km area under its control and convicted third -party contractors including ‘PSG Engineering’ for the obstructions of the service road.
Describing the High Court’s decision as’ extremely unfair ‘, Diwan said,’ When I am not responsible for the work assigned to others, my source of income cannot be stopped. I have lost Rs 5-6 crore in just 10 days.
The bench said that the company with the right to recovery toll recovery has been allowed by the High Court to claim losses against NHAI. Diwan said that it is inadequate, as daily maintenance costs continue and revenue collection has stopped. The apex court on August 14 expressed reluctance to intervene in the High Court order to stay toll recovery.
The High Court on August 6 ordered the postponement of toll recovery for four weeks. The court had said that when the highway is not being maintained properly and the traffic jam is very high, the drivers cannot be charged. The High Court had said in the judgment that the relationship between the public and the NHAI is of ‘public belief’ and failure to maintain smooth traffic flows has disturbed that belief.
