“Why should one pay to spend 12 hours in a traffic jam?”, this sharp remark from the Supreme Court on Monday summed up the frustration of thousands of commuters stuck on Kerala’s rain-battered highways. The court openly criticised the practice of collecting toll on roads that are in a poor state, leaving motorists paying not just in cash but also with their time and patience.
The case before the bench, led by Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria, centred on the Edappally–Mannuthy stretch of National Highway 544 in Thrissur. Once expected to take barely an hour to cross, parts of the highway now trap commuters for nearly 12 hours. Despite this ordeal, motorists are still being charged Rs 150 at the Paliyekkara toll plaza.
The Kerala High Court had stepped in earlier this month, suspending toll collection for four weeks. Its August 6 order declared that motorists could not be charged when the highway was riddled with potholes, under endless repairs, and clogged with heavy congestion.
Court vs. NHAI: Act of God or Negligence?
Appearing for the National Highways Authority of India (NHAI), Solicitor General Tushar Mehta argued that the jam in question had been caused by a lorry overturning, an “act of God,” in his words. But Justice Chandran wasn’t convinced. He said the accident was not just fate but the result of a lorry toppling into a pothole, making it clear that poor maintenance played a role.
Mehta further argued that service roads had been provided and that heavy rains during monsoon slowed construction work. He suggested proportionate toll reduction instead of complete suspension. But the bench pushed back. As Justice Chandran remarked, “A 12-hour ordeal goes far beyond proportional adjustment.”
Lessons from Delhi’s Rains
The court also drew a parallel with Delhi, where a few hours of rain can paralyse the entire city. By making this comparison, the judges highlighted that such problems are not isolated to Kerala but reflect a larger issue of urban infrastructure failing under pressure.
Senior advocate Jayant Muthraj, representing petitioners, argued that the NHAI had failed its responsibility to provide a motorable road. Collecting tolls in such conditions, he said, violated the principle of public trust. According to him, the High Court had suspended toll collection only as a last resort, after NHAI ignored earlier warnings and directions.
Awaiting the Verdict
For now, the Supreme Court has reserved its verdict. Whatever the final decision, the case touches on a deeper question: should citizens continue to pay for infrastructure that fails them so miserably?
As the Chief Justice pointedly asked: “Why should a person pay Rs 150 if it takes 12 hours to travel a road meant for one hour?”
It is a question every commuter stuck in a jam would agree with.
Inputs from TOI
The case before the bench, led by Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria, centred on the Edappally–Mannuthy stretch of National Highway 544 in Thrissur. Once expected to take barely an hour to cross, parts of the highway now trap commuters for nearly 12 hours. Despite this ordeal, motorists are still being charged Rs 150 at the Paliyekkara toll plaza.
The Kerala High Court had stepped in earlier this month, suspending toll collection for four weeks. Its August 6 order declared that motorists could not be charged when the highway was riddled with potholes, under endless repairs, and clogged with heavy congestion.
Court vs. NHAI: Act of God or Negligence?
Appearing for the National Highways Authority of India (NHAI), Solicitor General Tushar Mehta argued that the jam in question had been caused by a lorry overturning, an “act of God,” in his words. But Justice Chandran wasn’t convinced. He said the accident was not just fate but the result of a lorry toppling into a pothole, making it clear that poor maintenance played a role.
Mehta further argued that service roads had been provided and that heavy rains during monsoon slowed construction work. He suggested proportionate toll reduction instead of complete suspension. But the bench pushed back. As Justice Chandran remarked, “A 12-hour ordeal goes far beyond proportional adjustment.”
Lessons from Delhi’s Rains
The court also drew a parallel with Delhi, where a few hours of rain can paralyse the entire city. By making this comparison, the judges highlighted that such problems are not isolated to Kerala but reflect a larger issue of urban infrastructure failing under pressure.
Senior advocate Jayant Muthraj, representing petitioners, argued that the NHAI had failed its responsibility to provide a motorable road. Collecting tolls in such conditions, he said, violated the principle of public trust. According to him, the High Court had suspended toll collection only as a last resort, after NHAI ignored earlier warnings and directions.
Awaiting the Verdict
For now, the Supreme Court has reserved its verdict. Whatever the final decision, the case touches on a deeper question: should citizens continue to pay for infrastructure that fails them so miserably?
As the Chief Justice pointedly asked: “Why should a person pay Rs 150 if it takes 12 hours to travel a road meant for one hour?”
It is a question every commuter stuck in a jam would agree with.
Inputs from TOI
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