SC Temporarily Restores NHAI Toll on Madurai‑Tuticorin Highway
The Supreme Court of India has stayed the Madras High Court’s earlier order that had restrained the National Highways Authority of India (NHAI) from collecting toll on the Madurai–Tuticorin stretch of National Highway 138. The order was issued by a vacation bench of Justices Prashant Kumar Mishra and Manmohan, who also issued a notice to the original petitioner and sought a response in due course.
SC Allows Interim Toll Collection
The apex court, while admitting the NHAI’s appeal against the High Court’s June 3 ruling, allowed the authority to continue toll collection for the time being. The petitioner’s counsel argued against the interim relief, stating that the toll collection was unjustified since the road infrastructure remained poor. However, the court remarked, “Let them recover now, then we can see,” allowing the collection to continue pending further hearing.
High Court Had Questioned NHAI’s Duty
The Madras High Court had previously found that the NHAI had failed to meet its contractual and statutory obligations regarding road maintenance and environmental commitments. According to the High Court, the concessionaire had not adequately maintained the highway nor fulfilled conditions such as tree plantation along the median and roadside, which were mandated under the 2006 concession agreement. Consequently, toll collection was deemed inappropriate under these conditions.
Background of the Dispute
The Madurai–Tuticorin highway was commissioned in 2011, but over time, issues regarding its upkeep became the subject of legal scrutiny. An RTI query revealed that over ₹560 crore allocated for maintenance and plantation remained unutilized, even after the contract was terminated in 2023. Despite the contract’s failure, toll booths continued to collect fees from commuters.
The petitioner, a retired engineer, approached the High Court alleging that charging tolls for substandard infrastructure violated citizens’ right to safe and efficient roadways. The High Court had upheld this view, asserting that tolls should not be collected until the road is brought to acceptable standards.
