Strict order of Supreme Court, pit filled with pit, traffic jams did not collect toll collection on highway

The Supreme Court has given a big verdict, saying that passengers cannot be obliged to pay toll tax on the highway that are incomplete, full of pits, or traffic jams are not worth walking. The court has upheld the order of Kerala High Court to stop toll recovery at Paliakkara Plaza in Thrissur district. A bench of India’s Chief Justice Bhushan R Gavai (CJI Gavai) and a bench of Justice NV Anjaria dismissed the appeals filed by the National Highways Authority of India (NHAI) and the concession, and preferred the welfare of the citizens in comparison to the financial loss compared to the suspended toll collection.

The Supreme Court said a big thing

Supporting the August 6 order of the Kerala High Court, a bench of the Supreme Court said, “Meanwhile, citizens should have the freedom to walk on the roads for which they have already paid taxes, and they will not have to pay any more taxes to pass through drains and pits, which are symbols of faults.”

The Kerala High Court had ruled that any failure in ensuring uninterrupted, safe and regular road access by NHAI or its agents is a violation of public expectations and weakens the foundation of the toll system. On Tuesday, the Supreme Court said, “We cannot live without agreeing to the argument of the High Court,” and emphasized that the responsibility of paying the statutory user fees is related to the proper road reach.

The bench rejected the NHAI’s argument that the traffic jam was limited to those “black spots” where the construction work of the underpass was going on. Despite the assurance of the main carriageway to be operational, the court emphasized that even five kilometers of obstruction in 65 km stake creates a widespread impact, which keeps the traffic stalled for hours.

Then why pay a toll tax of Rs 150 ..

Rejecting the plea of proportional shortage in the toll of NHAI, the court said: “If only 5 kilometers part is affected on black spots in 65 kilometers, then the wider effect increases the hours to cross the entire part. The bench said that the Adapalli-Maunnathi section said that the court has stalled for 12 hours last week,” If the court took a 12-hour, “If a road was touched,” If a road was commented, if a road was commented at 12 hours. Why give ₹ 150? “

Senior advocate Shyam Dewan on behalf of the concession and Solicitor General Tushar Mehta from NHAI argued that toll revenue is important to maintain the road network and suspending the toll would affect the daily revenue of about ₹ 49 lakh.

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