No Toll Collection on Badly Maintained Highways: Kerala HC

Kochi: The Kerala High Court in its ruling said that toll collection is unjustified if the highway is not properly maintained or fails to provide safety, easy access to commuters.

Kerala High Court Judgment on Highways 
The court suspended toll collection for four weeks on the Edappally–Mannuthy stretch of NH-544, citing severe traffic congestion and poor road conditions.

A division bench of Justices A Muhamed Mustaque and Harisankar V Menon in their ruling said that the National Highways Authority of India (NHAI) must take responsibility to ensure smooth and safe travel.

The bench stated that the NHAI is bound to deliver quality infrastructure in exchange for toll fees. If this trust is breached, toll collection becomes legally and ethically indefensible

The court rejected NHAI’s argument that toll collection is a contractual right, asserting that public interest overrides private agreements.

It clarified that toll entitlement arises from statutory provisions, not just contracts, and must be backed by actual service delivery.

The judgment noted that ongoing construction of underpasses, flyovers, and drainage works had rendered the highway nearly unusable, with commuters facing delays of up to 5–6 hours.

The ruling is a major relief for commuters, especially those using the Paliyekkara Toll Plaza, where congestion had become unbearable.

The court directed the central government to take appropriate action within the four-week suspension period to address public grievances.

This decision sets a benchmark holding infrastructure agencies accountable and reinforces that tolls must reflect actual service quality.