The Supreme Court on Monday allowed the Special Leave Petition filed by the National Highway Authority of India (NHAI) challenging the Madras High Court order of June 3, which prohibited the collection of toll on the Madurai-Tuticorin Highway till the road was repaired and maintained in good condition.
The Bench of Justice Prashant Kumar Mishra and Justice Manmohan stayed the High Court verdict and permitted the government authority to collect toll on the Madurai-Tuticorin Highway.
Appearing for the respondents, Senior Advocate P Wilson opposed the grant of stay on the grounds that toll collection was a ‘daylight robbery’ as the highway was in an unsatisfactory condition.
The Apex Court noted that the writ petitioner in the High Court did not seek for any direction against toll collection.
Wilson apprised the Bench that in other petitions, NHAI gave an undertaking to repair the road, which was yet to be done. He submitted that paying the toll, the commuters were not able to travel on a good road.
Representing the NHAI, Additional Solicitor General N Venkataraman argued that over 25,000 commuters were using the road every day.
The top court of the country asked the respondents to file a counter-affidavit and said the Bench would consider the matter in detail later.
On June 3, the High Court observed that NHAI had an obligation to maintain the highways properly pursuant to which they could collect toll fees from commuters.
The Bench of Justice SM Subramaniam and Justice AD Maria Clete halted the collection of toll on Madurai-Tuticorin Highway till the roads were properly maintained by NHAI as per the standards prescribed under the National Highways Authority of India Act.
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