The Unhindered Right to the Road: Supreme Court Upholds Toll Suspension for Traffic Congestion.


18 August 2025 Civil Appeals >> Civil & Consumer Law  

An appeal against a High Court ruling that halted toll collection on a 65-kilometer section of the National Highway between Ernakulam and Trissur was heard by the Supreme Court. The High Court ruled that the public's right to unimpeded mobility had been violated by the frequent traffic congestion and road damage. The National Highways Authority of India (NHAI) and the concessionaire were ordered by the High Court to suspend tolls for four weeks in order to repair and alleviate the congestion.

 

 

This decision was appealed by the concessionaire and the NHAI. The NHAI maintained that the main highway was unaffected by the traffic congestion, which was restricted to four "black spots" where flyover and underpass construction was still going on. The High Court's assertion that the NHAI might be held accountable for the concessionaire's losses was also contested. In response, the concessionaire said that it was not to blame for the traffic because another company was hired to do the construction at the dark spots. It said that Rs. 49 lakhs a day, which was essential for maintaining the remainder of the roadway, was being lost as a result of the toll suspension.

However, the appeals were rejected by the Supreme Court. It agreed with the High Court's argument that the guarantee of safe and unhindered passage is a prerequisite for the public's obligation to pay tolls. The Court concluded that the environmental stress, wasted fuel, and the plight of the citizens were more important than the parties' financial disagreements and that there was no justification for interfering with the High Court's interim judgment. The High Court's remark regarding NHAI's possible liability was not a final decision, the Court further explained, and the issue of damages would be decided in a different procedure. The High Court was also instructed by the Court to keep an eye on the situation and to contact the outside contractor who was in charge of the construction at the black spots. It said that if traffic flow is restored smoothly, the toll suspension can be removed before the four-week period is up.