HC restrains NHAI from collecting fee in two toll plazas
Madurai: Madras high court on Tuesday restrained the National Highways Authority of India (NHAI) from collecting toll fees in two toll plazas situated on the Madurai-Tuticorin national highway stretch, after taking into account the fact that the road was not maintained properly and saplings were not planted on both sides of the road.
A division bench of justice S M Subramaniam and justice A D Maria Clete passed the order while disposing of a public interest litigation filed by V Balakrishnan, a retired Tangedco assistant executive engineer from Tuticorin district.
The petitioner stated that the contract for the Madurai-Tuticorin highway was awarded in 2006 and the highway stretch was put to use in 2011. He stated that as per the contract, the contractor was to plant trees on both sides and on the centre median; however, the work was carried out partially.
The contractor collected tolls from two toll plazas from the date of usage of the roads. But the contractor failed to maintain the road, and many portions of the road were not motorable due to lack of proper maintenance.
He stated that NHAI remained a silent spectator of all the lapses and irregularities committed by the contractor without initiating any kind of action to fulfil the terms and conditions of the contract.
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Sensing the seriousness, the agreement was terminated in 2023. It is also seen from the RTI reply that about 563.83 crore are recoverable from the contractor for his failure to plant roadside avenues and maintain the roads.
The petitioner stated that after taking over the road, NHAI continued to collect the tolls previously collected by the contractor. The action of the NHAI is totally baseless and illogical because it has not spent any money towards the construction of the road.
The estimated project cost was 920 crore. However, the contractor collected 932.44 crore, without spending 563.83 crore towards maintenance and plantations.
He stated that NHAI miserably and deliberately failed to take timely action against the contractor and allowed the contractor to continue with his violation and irregularity for more than 10 years, thereby causing a loss of 563.83 crore, besides causing inconvenience and suffering to the road users. The right to proper road connectivity is the fundamental right guaranteed under Article 21 of the Constitution. Road maintenance is the statutory duty of the authorities, and they ought to have followed it strictly.
Hence, the petitioner moved court seeking a direction to the NHAI authorities to initiate action against the contractor and to plant saplings on both sides of the road and the centre median on the highway.
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