Traffic Improved But Toll Suspension Hurting Maintenance: Solicitor General Tushar Mehta Tells Kerala High Court In Paliyekkara Toll Case

The Kerala High Court has said that it will pass orders on Friday, deciding whether toll collection at Paliyekkara Toll Plaza (Thrissur district) on NH-544 highway should be resumed, in light of the repair works carried out by the National Highway Authority of India (NHAI).More than two months have lapsed since toll collection was suspended by the High Court, following a 12-hour blockade purportedly due to ongoing construction projects sanctioned by NHAI.The division bench comprising Justice A Muhamed Mustaque and Justice Harisankar V Menon had passed the order.Solicitor General of India Tushar Mehta appearing for the Central government today urged the Court to lift the suspension, stating that the situation on the ground had “substantially improved” and that vehicular movement along the stretch was now largely smooth except for minor congestion in isolated pockets. He noted that the problem was confined to “three or four kilometres” of the total 65-kilometre stretch and argued that halting toll collection for the entire length was causing financial and administrative difficulties for the NHAI.“Because of your lordships' indulgence, things have improved and traffic is moving. My difficulty is threefold. The problem is not across the entire highway but limited to 3 or 4 km...If we are prevented from collecting toll, maintenance of the rest of the highway becomes difficult,” the SGI submitted.The Court had also asked the Centre to decide the manner of toll collection in a situation like this (12 hours traffic jam), and whether a pro rata deduction should be given to commuters or whether the levy of toll fee should be suspended till measures are taken.SGI however submitted that Central government is only empowered to issue policy directions to NHAI and it cannot decide on individual highway matters. He contended that requiring the Centre to take individual calls on toll collection would lead to “a series of applications” from across the country.The Court then inquired as to who determines toll tariffs, to which the SGI responded that it was fixed by the NHAI under the relevant statutory framework.The Bench also interacted with the District Collector, who joined the proceedings online. The Collector informed the Court that despite improvements, congestion persisted during peak hours, particularly in the Amballoor and Muringoor areas, with additional reports of bottlenecks at Perambra and Chirangara. Taking note of the submissions, the Court directed the District Collector to undertake an immediate visit to the affected areas and issue necessary instructions to the NHAI to implement short-term traffic management measures. The SGI urged the Court to allow resumption of toll collection, submitting that the NHAI had already implemented most remedial measures and that continued suspension would have a “cascading effect” on similar projects nationwide. He suggested that toll collection could resume with directions to the State administration to ensure proper traffic management.The Court noted the submissions and posted the matter on Friday for orders on the suspension of Toll Collection. Case Title - Shaji J Kodankadath v Union of India and connected cases Case No - WP(C) 20253/2021 and connected cases Counsel for Petitioners - K B Gangesh, Smitha Chathanarambath, Amal S Kumar, Athira A Menon, John Varghese, V Praveen, Sonu Augustine, Premchand M, Sreelakshmi Sabu, P K Subhash, Anoop V Nair, Tanoosha Paul Counsel for Respondents - O M Shalina (DSG), Nanavati Maulik G, Arun Thomas, Jennis Stephen, Anil Sebastian Pulickel, P Martin Jose, P Prijith, Thomas P Kurivila, Ajay Ben Jose, Manjunath Menon, Hani P Nair, R Githesh, Sachin Jacob Ambat, Anna Lind Eden, Harikrishnan S, Mathews K Philip, T C Krishna, C Dinesh, B G Bidan Chandran, Mathews Nevin Thomas, Kurian Antony Mathew, R Githesh, Sachin Jacob Ambat, N Manoj Kumar (State Attorney), C Harikumar, Sandra Sunny, Arun Kumar M A, Farah Jyothi Pradeep, Anavadya Sanil Kumar, Anjali KrishnaClick Here To Read/ Download Interim Order

Traffic Improved But Toll Suspension Hurting Maintenance: Solicitor General Tushar Mehta Tells Kerala High Court In Paliyekkara Toll Case

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Traffic Improved But Toll Suspension Hurting Maintenance: Solicitor General Tushar Mehta Tells Kerala High Court In Paliyekkara Toll Case

Anamika MJ

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