Supreme Court: No Toll If Highway Condition Poor

Aug 21, 2025 - In a landmark ruling in favour of commuters, the Supreme Court of India has ruled that if the condition of a highway is severely deteriorated, the National Highways Authority of India (NHAI) cannot compel travellers to pay tolls.

The Court expressed regret that a citizen, who has already paid motor vehicle tax for driving on roads, is being forced to make additional toll payments for using damaged roads.

A Bench comprising Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran delivered the verdict while upholding the Kerala High Court's decision that had suspended toll collection at Paliyekkara in Thrissur district owing to poor road conditions. The country’s apex court dismissed appeals filed by the NHAI and the toll collection contractor.

The Bench agreed with the High Court's view that citizens who pay tolls have the right to demand well-maintained roads. If this right is not respected, NHAI or its agents have no authority to collect tolls. The Court emphasised that citizens should enjoy freedom of movement on roads they have already paid taxes for, and they should not be forced to pay extra to drive through potholes and ditches, which reflect poor management.

The Bench further said that despite paying Motor Vehicle Tax, the practice of recovering the entire cost of BOT (Build-Operate-Transfer) roads from users represents a sad reflection of a free-market approach. Often, contractors collect far more than the cost incurred on construction and maintenance. The Court called it an absurd example of mismanagement and exploitation.

The Court also noted that toll booth staff often behaves like autocrats owing to understaffing and heavy workloads. Innocent citizens are forced to wait in long queues, keep their engines running in tight, congested lanes and inch forward slowly.

India’s top Court has ordered the High Court to continue overseeing repairs and made it clear that road condition is non-negotiable when asking citizens to pay toll fees.

Source: Media Reports