‘No tolls for roads with potholes’: SC says toll can’t be charged on damaged highway

Updated: Aug 20th, 2025

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The Supreme Court on Tuesday observed that toll should not be collected from citizens for using roads riddled with potholes, stressing that the public cannot be made to pay for substandard infrastructure.

The case relates to the Paliyekkara toll plaza in Kerala, where the National Highways Authority of India (NHAI) challenged a Kerala High Court order suspending toll collection. On August 6, the High Court had directed a four-week halt in toll collection after NHAI sought additional time to resolve persistent traffic congestion on the Edappally–Mannuthi stretch.

A bench comprising Chief Justice of India B R Gavai, Justice K Vinod Chandran and Justice N V Anjaria heard the plea. The judges reportedly made it clear that they would not interfere with the Kerala High Court’s decision.

The apex court underlined that commuters should not be forced to pay for roads that remain poorly maintained and full of potholes. It further directed the Kerala High Court to continue monitoring the measures being taken to ease traffic congestion at the toll plaza.

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