New Delhi: The Supreme Court, while hearing a case on toll collection at the Paliyekkara toll plaza in Kerala, observed that even two hours of rainfall can bring Delhi to a standstill and questioned why commuters should be made to pay when they remain stuck in traffic for several hours.
A bench comprising Chief Justice of India BR Gavai and Justices K Vinod Chandran and NV Anjaria observed while hearing an appeal filed by the National Highways Authority of India (NHAI) and the concessionaire, Guruvayoor Infrastructure Ltd., challenging a Kerala High Court order suspending toll collection at the Paliyekkara toll plaza for four weeks.
“In Delhi, you know what happens… if it rains for two hours, the entire city gets paralysed,” the bench remarked.
The court also asked why a commuter should be asked to pay Rs 150 in toll if it took 12 hours to travel just 65 kilometres along the Thrissur stretch of National Highway 544. “In fact, some payment has to be made by the NHAI to commuters for their patience and the fuel they lost in the traffic block,” Justice Chandran said, noting that a road expected to take one hour was taking eleven more due to poor conditions.
Solicitor General Tushar Mehta, appearing for NHAI, submitted that the traffic block had been caused by an overturned truck.
To this, the bench replied that the accident was not an “act of God” but was caused by a pothole. “The road is in such a state of disrepair,” Justice Chandran observed, adding that commuters were being forced to pay toll despite being stuck for hours.
” It (overturning of the truck) was not an act of God but fell into a pothole. The road is in such a state of disrepair. A road which is expected to take one hour takes 11 more hours, and they have to pay a toll as well,” Chandran noted.
The apex court has reserved its verdict on the plea against the Kerala High Court’s August 6 judgement, which ordered the suspension of toll collection at the Paliyekkara plaza due to the bad condition of the Edappally-Mannuthy stretch of NH 544.
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