CASE TITLE : NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANR Versus O J JANEESH AND ORS.
The Supreme Court on Monday dismissed the National Highway Authority of India’s (NHAI’s) challenge to a Kerala High Court Order which suspended toll collection for four weeks at the Thrissur district plaza on National Highway (NH) 544, citing poor road conditions and traffic bottlenecks.
While refusing to set aside the High Court’s order, the Bench asked the High Court to continue monitoring the situation to ensure ease of traffic.
The Bench made it clear that the public ought not be forced to pay tolls for such poorly maintained roads when they already pay motor vehicle tax.
“In the meanwhile, let the citizens be free to move on the roads, for use of which they have already paid taxes, without further payment to navigate the gutters and pot-holes, symbols of inefficiency“, the Bench said in the order
The Bench also took an unfavourable view of the Build Operate and Transfer method of road construction, overzealous toll collection, rank disrepair of roads, the consequent impact on the environment and the lives of citizens.
The NHAI had challenged the High Court’s direction that any loss sustained by the Concessionaire can be raised from the NHAI in an appropriate manner. The Concessionaire had also contended that it is not at all responsible for the present deadlock as work on the ‘black spots’ causing the traffic blocks were contracted by the NHAI to another contractor.
The Supreme Court made it clear that the High Court’s statement in this regard is not a finding of absolute liability on the NHAI.
“If any damages are claimed, it would definitely depend upon the causation of the blockage and congestion, leading to the impasse and the issue could be agitated before the appropriate forum and for determination of the same, the rival contentions of the parties would be left open,” the Supreme Court’s order stated.
Accordingly, the top court dismissed the appeal and asked the High Court to implead the said contractor in the case.
