'Let citizens move without further payment for pot-holes': SC upholds Kerala HC order suspending toll in Thrissur

"In the meanwhile, 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 pot-holes, symbols of inefficiency," a bench of Chief Justice B R Gavai and Justices K Vinod Chandran and NV Anjaria ordered.

The bench concurred with the observations and the findings of the high court.

"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 to the road.

"Any failure on the part of the National Highways Authority or its agents to ensure such access constitutes a breach of the public's legitimate expectations and undermines the very basis of the toll regime," the high court said.

Referring to the high court order, the CJI said, "In desperation, since there was no positive response despite a number of remonstrations, the High Court passed the impugned order." "That, in a democracy, roads are laid on Build Operate and Transfer (BOT) contracts to ensure that the cost is collected from the users, when motor vehicle tax is remitted for their use on roads, is a sad reflection of free market. That, the successful bidder extracts much more than what is spent on construction and maintenance, is a comedy of errors. That, the roads fall into disrepair due to vagaries of nature and often rank neglect, is the stark reality.

"That, the toll collectors at the booths, often due to understaffing and overwork, behave like satraps, is a fact of life. That the poor citizen is bound to wait for hours, in a queue and in a cramped space, with the engine running but hardly moving, is a tragedy. That, the toll is really on the purse and the patience of the citizen, as also the environment, is the downside," the high court said.

The bench said there was no cause for its interference with the interim order of the high court.

"We are more concerned with the plight of the harried citizen, the strained environment and the abject wastage of fuel...," it said.

"We are convinced not only that the order be sustained, but the Division Bench also be requested to monitor the situation to ensure ease of traffic. We also request the Division Bench to implead the contractor who is carrying out the work on the black spots, namely M/s. PST Engineering and Constructions, Namakkal," it said.

The bench said it was not inclined to make any proportionate reduction in toll.

It took note of the assurance of the NHAI that the maintenance work of service roads is proceeding on a war footing and smooth traffic would be ensured soon.

"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," it said.

"Insofar as the Concessionaire and the damages occasioned, a claim could be raised before the NHAI or they could even seek for extension of period of operation, with or without the responsibility of maintenance," it said.

Earlier, the top court had asked the NHAI why a commuter should be asked to pay Rs 150 toll if it took 12 hours to cover a 65-kilometre highway stretch in Thrissur, Kerala.

The toll suspension was ordered by the high court on August 6 on the grounds of the poor condition of the Edappally Mannuthy stretch of National Highway 544 and severe traffic congestion caused by ongoing works.

The high court on August 6 ordered a four-week suspension of toll collection, observing that motorists could not be charged when the highway was badly maintained and traffic congestion was severe.

It said the relationship between the public and the NHAI was one of public trust and that failure to maintain smooth traffic flow breached that trust.