Public Interest
No toll on a highway that is not kept motorable
What the Court held
In National Highways Authority of India v. O.J. Janeesh (Supreme Court of India, 18.07.2025; 2025 LiveLaw (SC) 819), the Court affirmed a Kerala High Court order that had suspended toll collection on a stretch of National Highway 544 because the road was not in a motorable condition. The Court agreed that a person who pays toll acquires a corresponding right to a usable road, and that where that is not provided, the authority or its agents cannot demand toll.
Why it matters
The decision treats a toll not as a bare revenue charge but as a conditional one, tied to the duty to maintain a safe, motorable highway. For commuters on poorly maintained toll roads, it is useful authority that the obligation to pay and the obligation to maintain go together.
This note is general information on the law as at the date shown, not legal advice on any specific matter. The law changes; for advice on your facts, please speak to the firm.
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