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Supreme Court Upholds Kerala Toll Freeze on NH‑544, Orders Monitoring

The court said user fees are owed only when motorists receive unhindered, safe access to the road.

Overview

  • The four‑week suspension of toll collection at the Paliyekkara plaza will continue, with the Kerala High Court’s division bench asked to monitor conditions and lift the curb once smooth traffic is demonstrably restored.
  • The bench criticised NHAI and the concessionaire over disrepair and marathon jams, asking why commuters should pay ₹150 for a 65‑km stretch that took 12 hours to traverse and raising the prospect of compensation for fuel and time lost.
  • The court rejected NHAI’s claim that only isolated ‘black spots’ were affected, noting cascading gridlocks, and directed that the contractor handling those spots, PST Engineering and Constructions, be impleaded.
  • The ruling affirmed that toll collection rests on a public‑trust assurance of safe, unhindered travel, with pointed remarks on BOT practices and the reality that citizens already pay motor vehicle taxes.
  • NHAI cited service roads and monsoon‑hit underpass works, while the concessionaire reported ₹5–6 crore revenue loss over 10 days and may pursue remedies through appropriate forums.