New Delhi: The Supreme Court has sharply criticised the state of national highways and toll collection practices, citing recent examples from both Kerala and the national capital. Observing the crippling impact of heavy rain on Delhi, Chief Justice of India DY Chandrachud remarked, “If it rains for two hours, the city becomes paralysed.”

The remarks came during a hearing regarding the Paliyakkara toll plaza in Kerala’s Thrissur district, where the Kerala High Court had suspended toll collection on the Edappally-Mannuthy stretch of NH-544 for four weeks, citing the poor condition of the road.

The National Highways Authority of India (NHAI) had challenged the decision. The Supreme Court has since reserved its order, but a bench comprising CJI BR Gavai and Justices K Vinod Chandran and NV Anjaria voiced strong concern over the plight of commuters and questioned the logic of toll collection on dysfunctional roads.

Why Pay Toll For 12-Hour Journey?

According to an NDTV report, referring to a media report about a 12-hour traffic jam on the NH-544 stretch in Kerala, the bench asked why toll should be paid when it takes 12 hours to cover a distance that should take just one.

Representing the NHAI, Solicitor General Tushar Mehta defended the situation, calling it “an act of God” and attributing the jam to a truck overturning.

But Justice Chandran responded, “The truck didn’t overturn on its own, it fell into a pit,” pointing directly to the poor road conditions. As per reports, Mehta added that service roads were in place to offer alternative routes where underpasses are being built, but the monsoon had disrupted the construction.

On being told that the toll for the 65-km stretch was Rs 150, the Chief Justice asked, “Why should someone pay ₹150 for a journey that takes 12 hours?”

Mehta cited a previous judgement that allowed proportionate reduction in toll charges, instead of full refunds. But Justice Chandran replied with a note of sarcasm, “For 12 hours, NHAI should be compensating the traveller!”

The bench said, “If there is no traffic, it will take a maximum of one hour to cover this part. If there is traffic, it will take a maximum of three hours. There is no question of proportionate reduction for 12 hours.”

Delhi’s Rain Woes Raised

In a broader observation, CJI Gavai remarked on Delhi’s crumbling infrastructure during rains, “If it rains for two hours, the city becomes paralysed.”

Lawyers involved in the case also highlighted the routine congestion at E Gate, saying it takes an hour to reach the court through it, adding to the frustration of the public.

Kerala High Court’s Tough Stand

The Kerala High Court’s decision on 6 August to halt toll collection was based on the condition of the road. Mr Mehta had argued that the court had wrongly allowed the contractor to claim damages from the NHAI, even though the contractor is responsible for road maintenance.

During the 14 August hearing, the top court expressed hesitancy to intervene with the Kerala High Court’s order.

“Instead of wasting time by filing appeals, NHAI must do something about the poor condition of the road,” the bench said, also noting that even ambulances struggle to pass during such gridlocks.