SC upholds Kerala High Court order suspending toll collection for 4 weeks on Ernakulum-Mannuthy highway
The top court's judgment will likely set a precedent for other highways that are in bad condition.
'We are clear in our minds that there is no cause for interference to the interim order and we are convinced not only that the High Court order be sustained, but the division bench also be requested to monitor the situation to ensure ease of traffic,' the Supreme Court said in its order.
A bench led by Justices BR Gavai and K Vinod Chandran, while hearing separate appeals filed by the National Highways Authority of India (NHAI) and Guruvayur Infrastructure Pvt Ltd (GIPL), the project concessionaire, noted that the plight of citizens stood at the heart of the issue. The project concessionaire is the company that has been granted the right to operate a business on someone else's property, often by a government or another business.
'The obligation of the public to pay a user fee under statutory provisions is premised on the assurance that their use of the road will be free from hindrances. When the public is legally bound to pay a user fee, they simultaneously acquire a corresponding right to demand unhindered, safe, and regulated access,' the court held in its 10-page order.
In July, the Kerala High Court had ordered the suspension of tolls from 6 August to 3 September on the busy highway corridor, citing recurring traffic snarls, poor service roads and prolonged construction at several 'black spots.' The court also directed immediate repair work and asked the authorities to resolve the gridlock.
The stretch subjected to toll starts from Ernakulam and ends at Mannuthy, going through the districts of Ernakulam and Thrissur.
The order came after repeated directions to the NHAI and the concessionaire failed to improve conditions. At one point, traffic was stalled for almost 12 hours along the stretch, severely inconveniencing commuters.
Tushar Mehta, the solicitor-general appearing for NHAI, argued that the congestion was confined to four 'black spots'—Amballur, Perambra, Muringur and Chirangara—where underpasses and flyovers are under construction. The main carriageway, he said, remained smooth.
'Minor hardships are for the larger good of the citizens,' he said, urging the court not to impose a blanket suspension of toll collection.
Shyam Divan, senior counsel representing GIPL, submitted that the company was losing almost ₹ 49 lakh per day due to the toll suspension. He stressed that toll revenue was essential to meet ongoing maintenance obligations and argued that the High Court had wrongly interfered in contractual matters under Article 226 of the Constitution.
The concessionaire also pointed out that NHAI had entrusted the disputed construction work to another contractor, who was not made a party in the case. Rejecting these submissions, the Supreme Court observed that both NHAI and the concessionaire had overlooked the 'citizen-centric approach' taken by the High Court.
'The toll is really on the purse and the patience of the citizen, as also the environment,' the bench remarked, highlighting how commuters were forced to idle in long queues, wasting fuel and worsening pollution.
The court also took note of the fact that while the concessionaire was responsible for maintaining the main carriageway, the service road construction was given to another contractor, PST Engineering and Constructions. The bench directed the Kerala High Court to implead the contractor and monitor the repair work to ensure smoother traffic flow.
The top court clarified that the High Court's observation about concessionaire losses being recoverable from NHAI was not an absolute finding of liability but left open to determination in appropriate proceedings. It, however, stood firm that toll suspension must remain in force until traffic eased.
'The minute smooth traffic is resumed, the NHAI or the concessionaire would be entitled to pray for lifting the prohibitory order, even before the four weeks as ordered by the High Court,' the bench noted. "Let the citizens be free to move on the roads, for use of which they have already paid taxes, without further payment to navigate the gutters and potholes, symbols of inefficiency."
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