The Supreme Court has ruled that if citizens have a duty to pay toll for using national highways, then they have a corresponding right to “demand unhindered, safe and regulated access” to the use of such roads.
The court dismissed an appeal filed by the National Highways Authority of
India (NHAI) challenging a Kerala High Court order suspending the collection of toll on account of poor road conditions.
“We cannot but agree with the reasoning of the high court that ‘the obligation of the public to pay a user fee under statutory provisions is premised on the assurance that their use of the road will be free from hindrances. When the public is legally bound to pay a user fee, they simultaneously acquire a corresponding right to demand unhindered, safe and regulated access to the road,” the apex court said.
“Any failure on the part of the National Highways Authority or its agents to ensure such access constitutes a breach of the public’s legitimate expectations and undermines the very basis of the toll regime’,” the apex court said.
A bench of Chief Justice B.R. Gavai and Justices K. Vinod Chandran and N.V. Anjaria also observed: “That, in a democracy, roads are laid on Build Operate and Transfer (BOT) contracts to ensure that the cost is collected from the users, when motor vehicle tax is remitted for their use on roads, is a sad reflection of free market. That the successful bidder extracts much more than what is spent on construction and maintenance is a comedy of errors.”
It added: “That the roads fall into disrepair due to vagaries of nature and often rank neglect is the stark reality. That the toll collectors at the booths, often due to understaffing and overwork, behave like satraps, is a fact of life. That the poor citizen is bound to wait for hours, in a queue and in a cramped space, with the engine running but hardly moving, is a tragedy. That the toll is really on the purse and the patience of the citizen, as also the environment is the downside.”
The NHAI had challenged a Kerala High Court order that had directed the suspension of the toll collected on a 69.94km stretch of NH544 between Ernakulam and Mannuthy, straddling the districts of Ernakulam and Thrissur. The PIL had been filed by O.J. Janeesh.
The top court said there was no cause for interference with the high court’s interim order. The court asked the high court to monitor the situation on NH544.
“We also request the division bench to implead the contractor who is carrying out the work on the black spots, namely M/s. PST Engineering and Constructions, Namakkal,” the Supreme Court said.
“Even if only 5km of the black spots (accident-prone areas) on the 65km stretch is affected, the fact remains that the cascading effect of the traffic jam at the black spots compounds the hours to traverse the entire stretch. As far as who is responsible for such blockage and congestion, it would be best left to be agitated in an appropriate proceeding initiated by the parties. However, the black spots also have to be kept in good condition and proper repair, which shall be monitored by the high court,” the bench said.