'Why pay Rs 150 for 12-hour jam?' Supreme Court slams NHAI over Paliyekkara toll
NEW DELHI: The Supreme Court questioned why people should pay Rs 150 as toll when they are stuck in traffic jams for up to 12 hours. The bench of Chief Justice B.R. Gavai, Justice K. Vinod Chandran (a Malayali judge), and Justice N.V. Anjaria made strong observations while hearing a petition filed by the National Highways Authority of India (NHAI) seeking permission to continue toll collection at Paliyekkara in Thrissur.
The apex court noted that the 65 km stretch between Mannuthy and Edappally is meant to be covered in about an hour, but in reality, it takes up to 11 hours due to heavy traffic. Justice Vinod Chandran sarcastically said that in such a situation, it is the NHAI that should be paying the travellers. Chief Justice Gavai pointed out that earlier judgments had allowed only a reduced toll in such cases, to which Justice Vinod Chandran replied that the question of even a reduced toll does not arise here.
When NHAI tried to present pictures showing the Paliyekkara road without congestion, the judges mocked, asking whether they had taken the help of a wildlife photographer to capture such rare images.
Earlier, on August 14, the apex court had come down heavily on NHAI while hearing the appeal against the Kerala High Court order that had stayed toll collection at Paliyekkara for four weeks (from August 6). Guruvayoor Infrastructure Ltd., which collects the toll, had also filed a petition.
The public interest petitioners who had obtained a stay from the High Court requested the Supreme Court not to interfere.
Responsibility and loss
NHAI said that the rains had delayed construction works. The toll company argued that the underpasses were being built by another contractor, who should be held responsible for the traffic jams on service roads.
The company added that it was maintaining the 60 km stretch under its contract properly, but had suffered a loss of around Rs 6 crore in just 10 days. The Kerala High Court had already said that the toll company could recover such losses from NHAI. Solicitor General, however, raised concerns about this. The Supreme Court assured that its order would clarify whether the matter should be settled through arbitration.