Supreme Court to hear petition against Paliyekkara toll resumption
KOCHI: The Supreme Court is set to commence a crucial hearing on Monday in the appeal filed by KPCC secretary Shaji K Kodankandath, challenging the Kerala High Courts order that allowed the resumption of toll collection at the highly contentious Paliyekkara toll plaza on the Angamaly-Mannuthy stretch of National Highway 544. The plea is the latest in a prolonged battle that centres around the poor condition of the stretch and the concessionaires right to levy user fees. A severe traffic congestion, largely stemming from the ongoing construction of underpasses and other infrastructure work along the busy corridor, had earlier seen the High Court suspending toll collection on August 6. The court underscored a fundamental principle: the publics obligation to pay toll hinges on the road authority, the National Highways Authority of India (NHAI) in this case, ensuring a safe and obstruction-free experience. Subsequently, the NHAI and the concessionaire Guruvayoor Infrastructure Ltd challenged the High Courts order in the Supreme Court, which initially upheld the ban, emphatically stating that commuters cannot be compelled to pay tolls for poorly maintained roads. The apex court also noted that the citizen who pays the toll has the right to demand well-maintained roads. However, the legal landscape shifted on October 17 when the High Court, after receiving status reports and noting efforts by an interim traffic management committee, lifted the suspension of toll collection. Crucially, the High Court prevented the NHAI from collecting an enhanced toll from motorists until further orders, acknowledging that the matter was still under judicial watch due to continuing grievances. The latest appeal by Shaji Kodankandath challenges the allowance of the resumption of the toll. The resumption was permitted without fully guaranteeing safe and smooth passage for thousands of daily commuters. An expert committee, including the district collector, in its interim report submitted to the court, pointed out that tarring was not carried out in a scientific manner and that waterlogging persisted due to the unscientific construction of drains. Also, the petition included a plea that the toll should be cut in line with the traffic congestion, which was not considered by the High Court. Hence this petition, Shaji said.
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