NH toll collection without road maintenance: HC seeks govts' views

KOCHI: The Kerala high court has wanted to know the views of the central and state governments on a petition demanding a ban on levying revised toll rates at Paliyekkara toll plaza in Thrissur on NH 544 until maintenance of the road surface is carried out.

A division bench of Chief Justice Hrishikesh Roy and Justice AK Jayasankaran Nambiar was considering a petition filed by advocate Joseph Tajet, chairman of Paliyekkara Toll Plaza Agitation Committee, through advocate G Krishna Kumar.

The petitioner sought quashing of the approval issued by National Highway Authority of India (NHAI) this year allowing toll operator Guruvayoor Infrastructure Pvt Ltd to collect revised toll rates.

The petitioner also sought the court's declaration that Guruvayoor Infrastructure has no power or authority to levy enhanced toll fee without conducting maintenance of the road surface. Amenities or facilities liable to be provided as per the agreement between Guruvayoor Infrastructure and NHAI should also be implemented, the petitioner has demanded.

As per the petition filed by Paliyekkara toll plaza agitation committee, which is stated to be a sub-committee under the Indian National Congress (I) district committee, a concession agreement was signed between NHAI and Guruvayoor Infrastructure on March 27, 2006 fixing the concession period (period of financing, construction, and operation of a BOT project) as 20 years from September 22, 2006. A State Support Agreement was also signed between NHAI, Guruvayoor Infrastructure, and the state government in December 2007. The agreements were executed for improvement, operation, and maintenance of the national highway from Angamaly (Km 316.70) to Edappally (Km 342), the petition said.

Clause 2.6 in the concession agreement mandates renewal of the surface of road pavement of project highway every five years. The petition alleged tdhat though the work was to be carried out by February 2nd last year and as per Indian Road Congress guidelines, Guruvayoor Infrastructure has not carried out the renewal work even after one-and-a-half years after completion of the five-year period mandated in the concession agreement.

It is also stated in the petition that the contractor is bound to use bituminous concrete for tarring the project highway, which is the accepted standard by the Indian Road Congress, micro-surfacing system, which uses inferior material, is being employed by the contractor, leading to several accidents in the stretch.

Additionally, the contractor is bound to certain facilities as per the concession agreement such as rest areas, truck parking laybys, bus stops and rest areas, potable water supply system including drinking water at truck parking laybys and rest areas, public toilets and other sanitary features, fire brigade, ambulance, and tow-away truck and cranes, the petition said.