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The bench said the cost of constructing roads under the Build, Operate, Transfer (BOT) model is collected from people using it, despite having already paid motor vehicle tax. (File photo)
The Supreme Court has upheld the Kerala High Court’s view that the public cannot be forced to pay user fee for roads which are in a state of disrepair, and pointed out that citizens bear the brunt of such roads, which also affects the environment and leads to a wastage of fuel.
A bench of Chief Justice of India B R Gavai, K Vinod Chandran, and N V Anjaria said this while dismissing the appeal filed by the National Highways Authority of India (NHAI) against the Kerala High Court’s August 6 judgement. In the judgment, the high court suspended the toll collection for four weeks at Paliyekkara in Thrissur district along the stretch of the National Highway 544, where the roads are in a poor condition.
“We cannot but agree with the reasoning of the High Court that the ‘obligation of the public to pay a user fee under statutory provisions is premised on the assurance that their use of the road will be free from hindrances’,” the bench said, citing the HC order.
The bench added from the August 6 order, which also said, “When the public is legally bound to pay a user fee, they simultaneously acquire a corresponding right to demand unhindered, safe, and regulated access to the road. Any failure on the part of the National Highways Authority or its agents to ensure such access constitutes a breach of the public’s legitimate expectations and undermines the very basis of the toll regime”.
The bench said the cost of constructing roads under the Build, Operate, Transfer (BOT) model is collected from people using it, despite having already paid motor vehicle tax.
“In a democracy, roads are laid on Build Operate and Transfer contracts to ensure that the cost is collected from the users, when motor vehicle tax is remitted for their use on roads, it is a sad reflection of the free market. That the successful bidder extracts much more than what is spent on construction and maintenance is a comedy of errors,” Justice Chandran said, writing for the bench.
“That the roads fall into disrepair due to vagaries of nature and often rank neglect, is the stark reality. That the toll collectors at the booths, often due to understaffing and overwork, behave like satraps, is a fact of life. That the poor citizen is bound to wait for hours, in a queue, and in a cramped space, with the engine running but hardly moving, is a tragedy. That the toll is really on the purse and the patience of the citizen, as also the environment, is the downside,” said Justice Chandran.
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On the condition of the said stretch of National Highway 544, the bench said, “We are also surprised that the further constructions on the road, constructed on BOT basis is entrusted to another Contractor, when the obligation to maintain the entire stretch is on the Concessionaire under the BOT agreement; on which we speak no further, since it is the commercial wisdom of the NHAI.”
Refusing to interfere with the Kerala HC order, the top court said, “We are convinced not only that the order be sustained, but the Division Bench also be requested to monitor the situation to ensure ease of traffic”
It asked the high court’s division bench to also implead the contractor who is carrying out the work on the black spots.
The Supreme Court noted that NHAI had assured that the maintenance work on the service roads is proceeding on a war footing and smooth traffic would be ensured soon. “The minute smooth traffic is resumed, the NHAI or the Concessionaire would be entitled to pray for lifting the prohibitory order, even before the four weeks as ordered by the High Court.”
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