The Madras High Court’s Madurai Bench has issued an order restraining the National Highways Authority of India (NHAI) from collecting toll fees on the Madurai-Tuticorin NH-38. This decisive directive mandates that toll collection can only resume once the highway is thoroughly relaid or meticulously maintained to statutory standards, underscoring a fundamental principle: quality infrastructure is a prerequisite for revenue generation.
The judicial intervention stemmed from a petition filed by V Balakrishnan, who highlighted not only the deplorable condition of the NH-38 but also raised serious allegations regarding the mismanagement of funds specifically earmarked for roadside plantation. His plea to the division bench, comprising Justice S M Subramaniam and Dr Justice A D Maria Clete, sought stringent action against the concessionaire, Madurai-Tuticorin Expressway Ltd., and a clear directive for authorities to ensure the requisite tree planting along the highway and its median. This multifaceted concern underscores the need for not just safe, but also environmentally integrated and aesthetically pleasing national highways.
The petition meticulously detailed that NHAI had, in fact, terminated its contract with the concessionaire as early as March 17, 2023. The termination was explicitly due to the concessionaire’s repeated failure to maintain the road as per prescribed standards. Furthermore, an internal communication from NHAI dated January 18, 2022, had unequivocally declared the highway unsafe for travel, exposing commuters to serious risks and drawing widespread criticism from both the public and governmental authorities. Despite these glaring deficiencies and official acknowledgement of hazard, the petitioner observed that toll fees continued to be levied on commuters traversing the Madurai-Tuticorin stretch, a practice he aptly characterised as exploitative and unjust.
NHAI, in its defence, attempted to challenge the petitioner’s standing, arguing that he was not a party to the original concession agreement, which was currently under arbitration. The authority further contended that the relief sought was contractual in nature, thus falling outside the legitimate purview of a writ petition. However, the High Court firmly rejected these arguments, asserting that as a toll-paying road user, the petitioner possessed an inherent right to demand fundamental standards of road maintenance. The bench’s observation was unequivocal: continuing to collect tolls amidst such poor infrastructure was not only unjustifiable but also directly contrary to the obligations enshrined within the National Highways Authority of India Act, 1988.
The court’s emphatic pronouncement reverberated with clarity: “The road users are entitled for a good conditioned National Highways and then alone they are liable to pay toll fee as prescribed by the authority concerned.” This statement serves as a powerful reminder of the reciprocal relationship between public service provision and citizen contribution. The judiciary further clarified that the ongoing arbitration proceedings between NHAI and the concessionaire were entirely irrelevant to the fundamental right of citizens to access safe and reliable public infrastructure. This delineation underscores that the resolution of commercial disputes should not impede the provision of essential public services.
Consequently, the court issued a clear directive instructing NHAI officials to immediately cease all toll collection on the affected stretch until the highway is demonstrably brought up to the mandated standards. The order, however, prudently clarified that toll collection may rightfully resume once the road’s condition is adequately rectified. This balanced approach ensures accountability without permanently penalising infrastructure development. The matter is now scheduled for compliance reporting on June 18, 2025, signalling the court’s intent for swift action.
This ruling by the Madras High Court is more than a legal precedent; it is a vital affirmation of consumer rights in the context of public infrastructure. It sends a strong message to concessionaires and government bodies alike that public trust, manifested through user fees like tolls, must be reciprocated with adherence to quality and safety standards. In the larger context of building zero net carbon, eco-friendly, sustainable, gender-neutral, and equitable cities, functional and safe transportation networks are paramount. The court’s stand contributes to the broader societal interest by demanding accountability for infrastructure that impacts the daily lives and safety of millions, ensuring that urban development is not just about expansion, but about quality and public welfare.
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