New Delhi, June 9 (UNI) The Supreme Court on Monday stayed the Madras High Court order that prohibited the collection of toll fees on the Madurai-Tuticorin National Highway until the road was relaid and maintained in proper condition.
A bench comprising justices Prashant Kumar Mishra and Manmohan passed the interim order while issuing notice on the Special Leave Petition (SLP) filed by the National Highways Authority of India (NHAI), which had challenged the high court’s directive.
Appearing for the NHAI, additional solicitor general N. Venkataraman requested a stay on the high court order, arguing that over 25,000 users travel on the highway daily.
Opposing the stay, senior advocate P. Wilson, representing the original respondents, contended that the toll collection amounted to “daylight robbery” since the road was in a poor condition and not fit for use. He added that NHAI had previously given undertakings in other matters to repair the road but failed to follow through.
However, the Supreme Court noted that the original writ petition before the high court did not specifically seek a ban on toll collection. The bench directed the respondents to file a counter-affidavit and observed that the matter would be considered in greater detail later.
“Let them recover (toll) now, then we can see,” remarked Justice Manmohan.
The Madras High Court, in its June 3 order, had ruled that toll collection is impermissible if the roads are not maintained in accordance with standards prescribed under the National Highways Authority of India Act.
The division bench of justices SM Subramaniam and AD Maria Clete held that the NHAI is obligated to ensure road quality before charging users.
In its order, the high court had stated, “The National Highways Authority of India is under obligation to maintain the highways properly and thereafter, collect toll fees from the road users.”
