No toll collection if highway badly maintained: Kerala HC
'We order that the collection of user fees shall be suspended forthwith for four weeks, and we further order that the central government shall take appropriate decisions within the above period addressing the concern and grievance of the public'
Kochi: The Kerala high court on Wednesday said if the NHAI or its agents fail to provide unhindered, safe and regulated access to highways, then they cannot collect user fees or tolls for such roads from the public.
The ruling by a division bench of Justices A Muhamed Mustaque and Harisankar V Menon came while suspending toll collection on the Edappally-Mannuthy stretch of NH 544.
"... we order that the collection of user fees shall be suspended forthwith for four weeks, and we further order that the central government shall take appropriate decisions within the above period addressing the concern and grievance of the public..." the court said.
The interim order suspending toll collection came on a batch of writ petitions challenging the charge of user fees from the public when currently the stretch of highway was suffering from heavy traffic congestion due to construction of underpasses, flyovers, drainage work, etc and improper maintenance of the service road.
The bench said that while the public was obliged to pay the user fees at the toll for using the highway, the National Highways Authority of India (NHAI) has the responsibility to ensure smooth traffic without any barrier created by it or its agents, the concessionaires.
"This relationship between the public and the NHAI is bound by the tie of public trust. The moment it is breached or violated, the right to collect toll fees from the public created through statutory provisions cannot be forced on the public," the court said.
The bench also pointed out that every public infrastructure project initiated by the State inherently imposes a corresponding obligation on it to ensure that public interest is not only safeguarded but prioritised.
"This responsibility necessitates effective public management and oversight of such infrastructure projects. The contractual obligations entered into by the State with private partners cannot absolve the State of its foundational duty arising from the public trust doctrine," the bench said.
One of the contentions of the NHAI was that the toll collection was a matter of contract and any direction to stop it would have serious consequences under the contract law, giving rise to a claim for damages against it.
Rejecting the contention, the bench said no agreement between the State and a private entity can override the imperative to protect public interest.
