Judge Slams NHAI: Got 4 Challans But Not A Single Restroom On Highway

If you have been on long road trips, you would know that basic amenities like restrooms are limited in number, in many parts of the country. This often creates major inconvenience for commuters and road users. The Indian government is now actively working on expanding the road infrastructure. We have a lot of highway expansion and construction projects going on in various states and regions. The development and expansion of restrooms and other amenities aren’t keeping pace. The Kerala High Court has now come down heavily on the National Highways Authority of India (NHAI), citing a sheer lack of proper public toilet facilities along national highways, even when motorists continue to be issued challans and fines for violations like overspeeding.

Kerala High Court Slams NHAI

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A single bench had previously directed that toilet facilities at all petrol pumps (fuel stations), regardless of their location, must remain open to the public, 24 hours a day. Access to these should not be limited unless there is a genuine security risk. This directive was later modified to state that all petroleum retail outlets along national highways must remain open to the public, 24x7. Proper display boards should also be placed to inform the public of their availability and encourage the use,.

The Petroleum Dealers' Association of Kerala and several fuel station owners later filed an appeal against the same. A Division Bench of Justice Amit Rawal and Justice P.V. Balakrishnan was hearing this when it made these critical remarks.

Talking about the lack of basic amenities, Justice Rawal recalled one of his previous experiences of travelling from Jodhpur to Ranthambore, through the national highways. He said that the journey was quite long, but he could not find a public toilet along the way. He also added that he got four challans issued as his vehicle was overspeeding. “Challans are imposed without fail, but there are no public toilets available on such long stretches,”- observed the judge.

Rawal then added that NHAI is responsible for ensuring public conveniences, and not petrol pumps. “Here, whatever facilities exist on highways are dysfunctional. The entire burden is falling on petrol pump operators. This is unacceptable," he said.

The Justice then made comparisons between the convenience facilities in India and those in other countries. He mentioned that it is easy for road users to find rest stops. Finding food spots, coffee shops, and toilets is easy on most highways abroad. In India, toilets are either limited or are dysfunctional in many regions.

In its oral remarks, the court underscored that it is the responsibility of NHAI to set up and maintain public convenience facilities along highways. It also said that this is a matter of basic dignity and convenience of citizens.

Previous Ruling Revised

The Division Bench has partially revised the previous interim ruling by the single bench, mandating all petrol pumps along the national highway in Kerala to keep their rest rooms open to the public, round the clock. According to the new ruling,

2. All petrol stations situated along the national highway in Kerala shall permit their customers, staff, and travellers in transit (highway users) to use toilet facilities if the pump runs round the clock. If not, the toilets will remain accessible during working hours. Fuel stations will also have to display a board at the entrance of the facility, indicating the availability of water and toilet facilities.
3. Petrol stations that aren’t located along national highways will have to permit the use of restrooms by customers and transit travellers, round the clock. The fuel station authorities will be able to decide whether to allow access to the general public.