Supreme Court Stays Madras HC Order Which Stopped NHAI's Toll Collection On Madurai-Tuticorin Highway

The Supreme Court on Monday (June 9) stayed the Madras High Court's order which prohibited the collection of toll on the Madurai-Tuticorin Highway till the road was relaid & maintained in a good condition.

A bench comprising Justice Prashant Kumar Mishra and Justice Manmohan passed the interim order while issuing notice on the Special Leave Petition filed by the National Highway Authority of India (NHAI) challenging the High Court's order. Additional Solicitor General N Venkataraman, appeared for the NHAI, and requested for stay of the High Court's order.

Senior Advocate P Wilson, appearing for the respondents, opposed the grant of stay, saying that the toll collection was a "daylight robbery" as the highway was in an unsatisfactory condition. However, the bench pointed out that the writ petitioner in the High Court had not sought for any direction against the toll collection. 

Wilson said that in other petitions, the NHAI had given an undertaking to repair the road, which has not been done. "The ordeal of the road users everyday is that we pay the toll, but we are not able to enjoy the road. This is daylight robbery," Wilson submitted.

ASG refuted, saying that over 25,000 users are using the road everyday. When Wilson again tried to persuade the bench against the grant of stay, the bench refused. The bench asked him to file a counter-affidavit and added that the Court will consider the matter in detail later.

"Let them recover (toll) now, then we can see," Justice Manmohan said.

The High Court passed the order on June 3 underscoring that the National Highways Authority of India (NHAI) has an obligation to maintain highways properly pursuant to which they can collect toll fee on such users.

The bench of Justice SM Subramaniam and Justice AD Maria Clete thus halted the collection of toll in the Madurai-Tuticorin highway, till the roads are properly maintained by the authority as per the standards prescribed under the National Highways Authority of India Act.

“….the National Highways Authority of India is under obligation to maintain the highways properly and thereafter, collect toll fee from the road users. Instead, they are maintaining the highway road in a bad condition. Therefore, collection of toll fee in Madurai – Tuticorin National Highways is impermissible and 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 said.

Case : THE GENERAL MANAGER (T) NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. V.BALAKRISHNAN | SLP(C) No. 16474/2025