‘Delhi paralysed with merely two hours of rain’: CJI Gavai questions toll in Kerala NHAI case

Chief Justice of India BR Gavai

“In Delhi, you know what happens…if it rains for two hours, the entire city gets paralysed,” remarked Chief Justice of India BR Gavai on Monday while hearing a case concerning toll collection at Paliyekkara along National Highway 544 in Kerala, reported LiveLaw.

The CJI said merely two hours of rain paralyses the city of Delhi.

The bench, comprising CJI Gavai, Justice K Vinod Chandran, and Justice NV Anjaria, was hearing a petition filed by the National Highways Authority of India (NHAI) challenging a Kerala High Court order that suspended toll collection for four weeks.

The pleas were filed by the NHAI and its concessionaire, Guruvayoor Infrastructure, challenging the High Court’s order suspending toll collection at the Paliyekkara toll plaza in Thrissur.

The High Court suspended the toll collection at Paliyekkara for four weeks due to the bad condition of the NH stretch and traffic congestion.

The NHAI told the court that the work of the service roads was impacted by the Monsoon rains, worsening traffic snarls.

The bench, while acknowledging these difficulties, also questioned the logic of collecting tolls on a road marred by potholes. “The last weekend itself saw a traffic block stretching 12 hours,” the judges noted, highlighting the severity of the problem.

While hearing the petition, it said that if a person takes 12 hours to reach from one end of the road to another, then why should he pay the toll.

“Why should a person pay Rs 150 if it takes 12 hours for him to get from one end of the road to the other end? A road which is expected to take one hour, takes 11 more hours and they have to pay a toll as well,” the CJI said, reported by India Today.

The CJI's remars drew attention to how even short bursts of rainfall can cripple urban traffic. While the court discussed the operational challenges posed by the Monsoon, it reserved its order in the matter.