The Supreme Court on Monday stayed a Madras High Court order that prevented the National Highways Authority of India (NHAI) from collecting toll on the Madurai-Tuticorin highway till it is relaid and maintained.
A bench of Justices P K Mishra and Manmohan issued notice on the appeal by the NHAI challenging the June 3 order of the Madurai bench of the high court. Turning down the request not to stay the order, the bench said, “Let them recover now, then we can see.”
Opposing the stay on the NHAI, Senior Advocate P Wilson, appearing for the respondents, said, “The ordeal of the road users every day is that we pay the toll, but we are not able to enjoy the road. This is daylight robbery.”
Additional Solicitor General N Venkataraman, who appeared for the NHAI, countered this and said thousands of commuters use it on a daily basis.
The Supreme Court asked Wilson to file a counter-affidavit and said it will hear the matter in detail later.
The writ petition before the high court had earlier sought a direction to the NHAI authorities “to take necessary action against…officials for mismanagement in allocating funds for planting saplings in Madurai-Tuticorin National Highways-NH-38…and further to plant roadside trees on both sides and median on Madurai-Tuticorin National Highways-NH-38…”.
The high court had also made it clear “that after the highway road is maintained in a good condition as per the standards prescribed under the said Act, the National Highways Authority of India is at liberty to collect toll fee from the road users.”
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Though the NHAI had contended that arbitration proceedings are pending with regard to the alleged breach of conditions like planting saplings, etc, the high court did not accept the argument.
The high court had said, “Pendency of arbitration proceedings is not a ground to reject the writ petition, since the National Highways Authority of India is under obligation to maintain the highways properly and thereafter, collect toll fee from the road users. Instead, they are maintaining the highway road in a bad condition.”
“Therefore, collection of toll fee in Madurai – Tuticorin National Highways is impermissible and the road users are entitled to a good conditioned National Highways and then alone they are liable to pay toll fee as prescribed by the authority concerned,” it had added.
