Madurai Bench of the Madras High Court has ordered the suspension of toll collection at two key plazas along the Madurai–Thoothukudi National Highway.
The decision was issued after the Court found that the National Highways Authority of India (NHAI) had failed to uphold its statutory responsibility of road maintenance and environmental compliance as mandated in the original concession agreement. The order was passed by a Division Bench, which responded to a public interest litigation highlighting extensive lapses in the upkeep of the highway. The petition, filed by a retired power utility engineer, raised serious concerns about the dilapidated state of the road, inadequate plantation on the roadside and medians, and the prolonged inaction of the authorities in addressing these issues.
According to the petition, the contract to develop the highway was awarded in 2006, and the stretch was opened to the public in 2011. As part of the concession terms, the private contractor was obligated not only to build and maintain the road but also to develop green cover on either side and along the central median. Despite these requirements being codified in the project framework, the Court observed that tree plantation work was carried out only partially and road maintenance had deteriorated over the years. What emerged as a key point of contention was the continued collection of toll fees despite these persistent lapses. The contractor reportedly began collecting toll revenue from the very first day the road was operational. However, the petitioner pointed out that the contractor failed to maintain the road adequately during its operation period. Even more troubling was the role of the NHAI, which, according to the Court, remained a passive observer, allowing the violations to continue unchecked for over a decade.
In 2023, the contract was finally terminated by NHAI, but by then, the damage had already been done. The Court referred to a reply furnished under the Right to Information Act, which stated that approximately ₹563.83 crore was recoverable from the contractor due to non-compliance with the environmental and maintenance obligations. Despite this, NHAI resumed toll collection at the plazas after taking over the road, without having invested any funds into the original construction or restoration of the stretch. The Bench took a strong stance on this matter, emphasising that the authority cannot claim toll revenue without delivering on basic service standards. The Court reiterated that the right to safe, accessible, and well-maintained road infrastructure is integral to the constitutional guarantee of freedom of movement and the right to life with dignity. It further underlined that the failure to provide such infrastructure not only infringes on the rights of road users but also amounts to unjust enrichment when toll is collected without fulfilling contractual and environmental duties.
The ruling gains additional significance in the context of growing concerns over climate resilience, urban sustainability, and carbon neutrality in India’s transport sector. With highways forming the backbone of the country’s logistics and regional connectivity, the neglect of green norms — such as roadside tree plantations — is not merely an ecological lapse but also a violation of contemporary infrastructure standards that aim for sustainability. Legal experts noted that this judgment could have wider implications for toll road operations across India, especially where private operators or government agencies have failed to meet maintenance and environmental benchmarks. The Court’s invocation of both environmental responsibility and user rights sets a precedent that could influence future infrastructure adjudications.
Sustainable mobility advocates welcomed the decision, calling it a step in the right direction towards holding road authorities accountable not just for building infrastructure, but for maintaining it in a manner that respects ecological and civic standards. Experts pointed out that public infrastructure can no longer be treated as revenue-generating assets without meeting the minimum conditions of safety, environmental impact, and user benefit. As per the current order, toll collection at the two disputed plazas will remain suspended until further notice. The Court has directed NHAI to provide a comprehensive report detailing the funds collected, expenditures made on maintenance, and steps taken to ensure tree plantations along the stretch as per the original contract.
The ruling sends a clear message — infrastructural growth must not come at the cost of environmental neglect and civic inconvenience. As India accelerates towards building climate-smart cities and transport corridors, such judicial interventions may serve as pivotal turning points in redefining how public infrastructure is governed, sustained, and made accountable to the people. Whether this order prompts systemic reform within NHAI or sets off a new wave of PILs demanding similar accountability in other states remains to be seen. But for the citizens along the Madurai–Thoothukudi route, the High Court’s decision has reaffirmed that toll is not just a fee — it is a promise of quality, safety, and environmental stewardship.
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