No Toll Without Good National Highways: Madras High Court

The Madras High Court, Madurai Bench recently restrained the National Highways Authority of India (NHAI) from collecting toll fees on the Madurai-Tuticorin NH-38 until the highway is properly relaid or maintained in accordance with statutory standards.

A division bench comprising Justice S.M. Subramaniam and Dr. Justice A.D. Maria Clete passed the order on a petition filed by V. Balakrishnan, who alleged mismanagement of funds earmarked for roadside plantation and highlighted the deplorable condition of the highway. He urged the court to take action against the concessionaire—Madurai-Tuticorin Expressway Ltd.—and to direct authorities to plant trees on both sides of the road and its median.

The petition pointed out that the contract awarded to the concessionaire had already been terminated by NHAI on March 17, 2023, for failure to maintain the road as per prescribed standards. A prior communication dated January 18, 2022, from NHAI to the contractor had explicitly stated that the highway had become unsafe for travel, exposing road users to serious risk and attracting criticism from the public and authorities alike.

Despite this, the petitioner noted, toll fees continued to be collected from commuters traveling between Madurai and Tuticorin, in what he described as an exploitative and unjust practice.

NHAI countered the petition by arguing that the petitioner lacked standing, as he was not a party to the original concession agreement dated July 24, 2006, which was under arbitration. The authority also contended that the relief sought was contractual in nature and thus outside the purview of a writ petition.

Rejecting these arguments, the high court held that the petitioner, as a toll-paying road user, had the right to demand basic standards of road maintenance. The bench observed that the continued collection of toll in the face of such poor infrastructure was not only unjustified but also contrary to the obligations under the National Highways Authority of India Act, 1988.

"The road users are entitled for a good conditioned National Highways and then alone they are liable to pay toll fee as prescribed by the authority concerned, the court emphasized.

It added that the pendency of arbitration between NHAI and the concessionaire was irrelevant to the citizens' right to safe and reliable infrastructure.

Accordingly, court directed NHAI officials not to collect any toll on the stretch until the highway is brought up to standard. However, it clarified that once the road is properly maintained, toll collection may resume.

The matter has been posted for reporting compliance on June 18, 2025.

Case Title: V.Balakrishnan vs. The General Manager (T) National Highways Authority of India Tamil Nadu Division and Others