Key Points

A bench of Chief Justice of India (CJI) B.R. Gavai and Justices K. Vinod Chandran and N.V. Anjaria also asked whether the NHAI should compensate people for their patience and fuel lost while waiting 12 hours in a traffic snarl.

The CJI Gavai-led Bench was hearing a clutch of petitions, including a special leave petition (SLP) filed by the NHAI, challenging a Kerala High Court decision to temporarily suspend toll collection at the Paliyekkara Toll Plaza on the Edappally-Mannuthy National Highway, near Kochi, citing the authorities’ failure to resolve the severe traffic congestion in the area.

Solicitor General Tushar Mehta, appearing for the NHAI, told the court that a lorry had overturned, causing the traffic jam.

To this, Justice Chandran, who said he travels the stretch, said: "The lorry did not fall down on its own. It fell into a pothole and got turned over."

"In fact, some payment has to be made by the NHAI to commuters for their patience and the fuel they lost in the traffic block. The road is in such a state of disrepair," added Justice Chandran, referring to the media reports on traffic jams.

In a similar vein, CJI Gavai asked the Solicitor General: "Why should a person pay Rs. 150 toll if it takes 12 hours to get from one end of the road to the other end?"

SG Mehta responded that service roads were available for commuters where underpass construction was underway, but the monsoon had impacted the construction.

After hearing the submissions of the parties, the court ordered, “Heard Mr. Tushar Mehta, learned Solicitor General of India, appearing for the petitioner(s)….and Mr. Jayanth Muth Raj, learned senior counsel, appearing for the respondent (s). Arguments concluded. Judgment is reserved."

While considering a batch of petitions seeking a stay on toll collection until the traffic snarls are addressed, the Kerala High Court had observed: "Toll can only be collected after resolving the traffic issues."

"If the roads are in poor condition, how can toll collection be justified?" a bench of Justices Muhammad Mustaque and V. Harishankar Menon had asked. It had noted that although the NHAI had created service roads as an alternative, those too remained in a poor state, contributing to the present crisis.

- IANS