Kerala High Court Directs NHAI To Decide Representation Seeking Toll Deferment Over 'Incomplete' Highway Works

The Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M issued the directions in a public interest litigation challenging the proposed commencement of toll collection at the Nattika Toll Plaza.

According to the petition, toll collection at the fee plaza, was scheduled to begin on October 8, 2026. The proposed levy is based on the Ministry of Road Transport and Highways' Gazette notification dated July 31, 2026, and an NHAI approval stated to have been issued on October 5, 2026.

The petitioner alleges that substantial portions of the service roads along the relevant highway stretch remain incomplete or are not fit for normal vehicular use. According to the petition, the resulting conditions compel local traffic, including two-wheelers and autorickshaws, to use the main carriageway or sections affected by ongoing construction.

The petition also raises concerns about the incomplete flyovers at Edamuttam and Vadanappally, which it describes as important components of the planned highway infrastructure.

The petitioner further alleges deficiencies in street lighting, traffic signboards and warning signs at locations where construction and changes in traffic movement are continuing. These issues, the petition contends, raise concerns about the safety of motorists and pedestrians, particularly at night.

A central contention concerns the difference between the highway lengths specified in the Gazette notification and the subsequent public notice announcing the proposed toll rates.

According to the petition, the Gazette notification identifies a net road length of 39.881 km, bypasses measuring 19.710 km and structures exceeding 60 metres with a physical length of 2.309 km, reckoned as an equivalent length of 23.090 km for fee calculation. This produces a notified section length of 61.900 km and a chargeable length of 92.536 km after applying the stated equivalence factors.

However, the public notice published on October 6, 2026, refers to 53.885 km of completed six-lane road, comprising 32.703 km of direct road, 19.710 km of bypasses reckoned as 29.565 km, and 1.472 km of structures reckoned as 14.720 km. The resulting chargeable length is stated as 76.988 km.

The petition therefore points to a difference of 8.015 km between the notified section length and the length cited in the public notice, as well as a difference of 0.837 km in the physical length of the structures included in the calculation.

It is argued that the authorities should disclose which road stretches and structures were included or excluded, the engineering basis for the calculation and the legal authority for the variation. The petitioner contends that the discrepancies require examination of the original engineering and administrative records before toll collection proceeds.

The public notice reportedly relies on completion-related certificates issued by the Authority Engineer on April 10 and April 20, 2026. In view of the alleged incomplete infrastructure, the petition seeks independent physical and technical verification of the highway facilities and scrutiny of the basis on which the certificates were issued.

It contends that administrative approval alone cannot replace compliance with the statutory conditions governing the levy and collection of highway user fees under the National Highways Act, 1956, and the National Highways Fee (Determination of Rates and Collection) Rules, 2008.

The petitioner argues that, in the absence of functional service roads or practical alternative routes, local residents may have to cross the fee plaza even when travelling relatively short distances.

The public notice lists a single-journey fee of ₹120 for cars, jeeps, vans and light motor vehicles, ₹195 for light commercial vehicles and minibuses, ₹405 for two-axle buses and trucks, ₹635 for heavy construction machinery and certain multi-axle vehicles, and ₹775 for vehicles with seven or more axles.

The notice also provides for a monthly pass of ₹360 for non-commercial vehicles owned by residents within a 20-km radius of the toll plaza. The petitioner has sought consideration of an appropriate mechanism for local users who are compelled to cross the plaza during routine travel, in accordance with the applicable statutory framework.

Before approaching the High Court, the petitioner submitted a complaint and representation to the NHAI Project Director, Project Implementation Unit–Cochin, on October 6, 2026.

The representation reportedly sought deferment of toll collection until the relevant works were completed and verified, disclosure of the Gazette notification and approval order, production of the completion certificates and records supporting the chargeable-length calculation, and a joint inspection of the highway infrastructure.

The petitioner has also questioned the short interval between the publication of the public notice on October 6 and the scheduled commencement of toll collection on October 8, arguing that the affected public had little time to examine the proposal or obtain the relevant records.

The petition seeks quashing of the decision or approval authorising commencement of toll collection at the Nattika Fee Plaza from October 8, 2026. It also seeks a direction restraining the authorities from commencing or continuing collection until the competent authority verifies that the relevant highway section and infrastructure forming the basis of the levy have been completed and are functional.

The Court has directed the respondents to file an affidavit in response to the contentions raised in the petition and has directed the project director to consider and dispose of the representation before it, within three weeks.

The matter is posted on 04 November for further consideration.

Counsel for Petitioner: Unnikrishnan C, C.D. Anil, Sunil Kumar Kuriakose, Anish Unni K, Vijayakrishnan S. Menon, Vivek Nair. P, Arjun S, M.R. Radhakrishnan, Gargi Ramachandran, G. Gowardhan Dev G. Nair, Sone Salim, Shibu S