The Supreme Court on Monday issued notice to V. Balakrishnan, a retired assistant executive engineer from Tamil Nadu, in response to a petition filed by the National Highways Authority of India (NHAI) challenging a Madras High Court order that restrained the authority from collecting toll on the Madurai-Tuticorin highway due to poor maintenance.
A bench comprising Justices Prashant Kumar Mishra and Manmohan passed the order after hearing arguments from Additional Solicitor General N. Venkataraman, who appeared for the NHAI and sought a stay on the High Court’s June 3 directive.
The High Court, acting on a Public Interest Litigation (PIL) filed by Balakrishnan, had observed that the stretch had not been properly maintained and that saplings, as mandated under the contract, were not planted on both sides of the road or on the median. It consequently restrained the NHAI from collecting toll from commuters.
Appearing for Balakrishnan, senior advocate P. Wilson strongly opposed the NHAI’s plea, describing the continued toll collection on a poorly maintained road as “daylight robbery.”
According to the PIL, the contract for the construction of the Madurai-Tuticorin highway was awarded in 2006, and the stretch was opened to traffic in 2011. The contractor, as per the terms, was required to plant saplings along both sides and on the central median, but had only done so partially. Balakrishnan also claimed that while tolls have continued to be collected from two plazas along the route, large parts of the highway remain in a dilapidated condition, making them difficult or impossible to use.
The Supreme Court has now sought a response from Balakrishnan and will further hear the matter in due course.
