NHAI and Concessionaires Cannot Collect Toll on Pothole-Ridden Roads : Supreme Court
The Supreme Court of India in National Highways Authority of India & Anr. vs. O.J. Janeesh & Ors (SLP(C) No. 22579/2025) upheld the Kerala High Court’s order suspending toll collection at Paliyekkara, Thrissur on NH-544, ruling that the NHAI cannot force commuters to pay tolls when highways remain in poor condition.
A Bench led by Chief Justice BR Gavai and Justice K. Vinod Chandran dismissed NHAI’s appeal, affirming that citizens paying tolls acquire a corresponding right to demand safe, motorable roads. The Court observed that failure to maintain roads breaches public trust and undermines the legal basis for toll collection.
Highlighting the plight of road users, the Bench remarked that motorists, already paying motor vehicle tax, are unfairly burdened with tolls while enduring potholes, bottlenecks, and long traffic jams. CJI Gavai questioned, “Why should a person pay ₹150 if it takes 12 hours to travel a stretch meant for one hour?”
The Court criticized NHAI’s neglect, noting that roads built under BOT contracts often deteriorate due to poor upkeep while concessionaires extract profits far beyond construction and maintenance costs. It lamented the daily struggles of commuters, from hours-long queues at toll plazas to environmental damage from idling vehicles.
Importantly, the Bench clarified that toll suspension can be lifted once smooth traffic flow resumes. Concessionaires may seek remedies such as extension of concession period or compensation from NHAI, but until then, citizens cannot be compelled to pay for unsafe and poorly maintained highways.
The Kerala High Court had earlier suspended toll collection for four weeks, citing the severely dilapidated Edapally–Mannuthy stretch and massive congestion due to delayed works. It held that the public–NHAI relationship is bound by trust: when citizens pay tolls, NHAI must ensure uninterrupted, safe passage; otherwise, toll fees cannot be enforced.
Senior Advocate Shyam Divan appeared for the concessionaire, Solicitor General Tushar Mehta for NHAI, and Senior Advocate Jayant Muthuraj represented the commuters.
This landmark judgment reinforces the principle that toll collection is conditional on the delivery of good quality, obstruction-free highways, ensuring accountability of NHAI and protecting commuters’ rights.