‘Complete the Road First’: SC Questions Toll Collection at Paliyekkara Plaza
On 14 August 2025, the Supreme Court expressed strong reservations over the National Highways Authority of India’s (NHAI) challenge to a Kerala High Court order suspending toll collection at the Paliyekkara toll plaza in Thrissur on NH 544, citing the poor condition of the highway.
A Bench of Chief Justice BR Gavai and Justice K. Vinod Chandran remarked that they had personally experienced the poor state of the road and questioned how toll could be charged without providing proper services.
Solicitor General Tushar Mehta, appearing for the NHAI, argued that the High Court wrongly allowed the concessionaire to recover losses from the NHAI, despite it being the concessionaire’s duty to maintain the road. However, the concessionaire’s counsel maintained that the road was being maintained as per the agreement and that certain blind spots were outside their scope of work.
The Bench observed that congestion, especially at intersections, was causing severe delays, sometimes even preventing ambulances from passing. It pointed out that the High Court had suspended toll collection only for four weeks due to poor maintenance and traffic bottlenecks.
CJI Gavai criticised the decision to start toll collection before completing necessary works like underpasses and flyovers. Justice Chandran also referred to an incident where a person missed a funeral because of a traffic block at the toll booth.
The Supreme Court indicated that it was not inclined to interfere with the High Court’s decision and suggested that any dispute between the NHAI and the concessionaire should be settled through arbitration. The matter has been posted for further hearing on Monday.
The Kerala High Court, in its 6 August order, held that toll fees cannot be collected if the road is in bad condition and traffic flow is obstructed. It emphasised that the public pays toll expecting smooth passage, and breaching this public trust takes away the right to collect such fees.
