NEW DELHI : Refusing to interfere with the Kerala High Court’s order suspending collection of user fee at Paliyekkara toll plaza in Thrissur, the Supreme Court on Thursday suggested that the National Highways Authority of India (NHAI) should “do something” instead of filing appeals and wasting time. The Kerala HC had, on August 6, ordered a four-week suspension of toll collection, observing that motorists could not be charged for use of a stretch of highway that is badly maintained and is beset by severe traffic congestion. The NHAI moved the apex court challenging the HC order, and seeking to quash it. However, the SC refused to entertain the appeal. The SC bench, comprising Chief Justice B R Gavai and Justice K Vinod Chandran, refused to quash the HC order on the ground that the Edappally–Mannuthy stretch of National Highway 544 was in a poor condition. “You take the toll from the people and don’t provide the services… the service road is not maintained,” said the bench. “Instead of filing an appeal and wasting time, you do something,” Justice Chandran told the NHAI, noting even ambulances struggle to pass the congested stretch. The relationship between the public and the NHAI was one of “public trust” and failure to maintain smooth traffic flow breached that trust, the court said.Solicitor General Tushar Mehta, appearing for the NHAI, argued that the HC ruling “wrongly” allowed the concessionaire, Guruvayoor Infrastructure Pvt Ltd, to recover losses from the NHAI. But the court was unmoved, and kept questioning NHAI about its failings. Sensing that the court was not inclined to entertain the appeal, Mehta sought adjournment to present maps showing the work locations, to which the CJI said, “You want to postpone the dismissal?”The court clarified that disputes between NHAI and the concessionaire could be resolved through arbitration.The matter, along with the concessionaire’s separate petition, was posted for further hearing on Monday.
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