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Kerala High Court Lifts Suspension of Toll Collection at Paliyekkara

 

Kerala High Court Lifts Suspension of Toll Collection at Paliyekkara

The Kerala High Court has ordered the resumption of toll collection at the Paliyekkara Toll Plaza on NH-544, having earlier suspended it for more than two months. The decision was made by a division bench comprising Justices A. Muhamed Mustaque and Harisankar V. Menon, subject to conditions regarding toll rates. The court mandated that no enhanced fees should be collected unless expressly permitted by the court’s further directions.

The suspension of the toll was initially imposed following a twelve-hour blockage, tied to construction activities organized by the National Highway Authority of India. The court acknowledged that while the suspension addressed immediate safety and congestion concerns, a long-term halt to tolling could lead to serious financial and infrastructural complications for highway maintenance. The bench expressed concern that continued suspension could spawn multiple legal challenges or impede road upkeep.

In lifting the suspension, the court did not foreclose the matter entirely. It indicated that the issue would return for further judicial consideration, and suggested issuance of directions to regulate toll operations in light of safety and public welfare. The court also commended the efforts of an interim Traffic Management Committee formed for the congested stretch. The committee, headed by the District Collector, had been instrumental in monitoring the flow of traffic and providing on-ground insights.

During the hearing, the Solicitor General of India, representing the central government, advocated for lifting the suspension, arguing that vehicular movement across most of the 65-kilometer stretch was now substantially smooth, with congestion limited to small pockets of three to four kilometers. He submitted that suspending toll collection for the entire stretch was causing financial loss and administrative hardship for the NHAI. The court recorded that the Additional Solicitor General assured it that safety concerns would be addressed promptly, and directed the interim committee to report whether remedial measures had been taken.

The bench took note of past criticism from the court regarding tariff hikes in the stretch in face of road safety issues, cautioning that while toll operations should resume, public interest and commuter welfare must not suffer. The matter was listed for further hearing two weeks later, where additional directions and oversight of toll operations are expected to be finalized.

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