Case:- National Highways Authority of India and Anr. vs. O.J. Janeesh & Ors
Citation:- SLP(C) 22579/2025
Date:- 18.08.2025
Bench:- Chief Justice of India B. R. Gavai, Justice K.Vinod Chandran, Justice N.V. Anjaria.
The Hon’ble Supreme Court affirmed the view of the Hon’ble Kerala High Court that the National Highways Authority of India cannot force commuters to pay toll if the highway is kept in a terrible condition.
Key Takeaways:-
- The Hon’ble Supreme Court held that commuters cannot be forced to pay toll if the road is in a terrible condition. When people pay toll, they gain the right to demand smooth, safe and unhindered roads. If that right is not met, toll collection cannot be justified.
- The Hon’ble Court stressed that toll collection is bound by public trust; if roads are not maintained, that trust is broken.
- The Hon’ble Court stated that the Citizens already pay motor vehicle tax, yet are asked to pay tolls. Roads often remain neglected, pothole-ridden and congested, while concessionaires make huge profits. The Long queues, idling vehicles and poor road conditions cause loss of money, time and add to pollution.
- The Hon’ble Court further stated that the toll can resume once the road is repaired and traffic flows smoothly.
- The operator can claim relief from NHAI, either by extension of contract or maintenance adjustment.
