HC calls for ATR on NHAI’s plea on toll plazas in Punjab

Chandigarh, January 12

Two days after the National Highways Authority of India (NHAI) claimed a daily loss of around Rs 1.33 crore following the prevention of toll collection “illegally” by protesters, the Punjab and Haryana High Court today called for a status and an action taken report on 13 plazas reportedly not being allowed to operate.

As the case came up for resumed hearing before Justice Vinod S Bhardwaj’s Bench, senior counsel Chetan Mittal pointed out on the NHAI’s behalf that nothing has been done by the state even after the lapse of two days since the filing of the petition.

Mittal added that there was no information regarding proposed action on 13 toll plazas, where collection was not permitted by protesters, and particularly one toll plaza where agitators were collecting the toll themselves.

Taking up the matter, Justice Bhardwaj issued notice of motion to the state of Punjab and other respondents. It was made clear during the hearing that the terms of the “State Support Agreement” between the state and the Central Government on the obligation to provide security to all the 34 toll plazas established by the NHAI was required to be complied with. Justice Bhardwaj fixed the case for further hearing on February 16.

The petition against the state, the Director-General of Police and eight Deputy Commissioners filed through counsel Raghujeet Madan and argued by Mittal added that the NHAI had to endure a loss of around Rs 1,348.77 crore “in a similar situation” earlier where the toll operations were closed by a union for 440 days from October 1, 2020 to December 15, 2021.

The NHAI added that the hindrance in collecting toll fee has resulted in a significant revenue loss to the Central Government exchequer. The NHAI also asked for directions to the respondents to take active steps to restore law and order and to facilitate and support it in the toll collection from the plazas located within Punjab by providing security and administrative assistance for smooth functioning against the “forceful stoppage” of toll plazas and illegal operation of the same by protesters.

‘Agitators collecting toll themselves’

• NHAI counsel said there was no information regarding proposed action on 13 toll plazas, and particularly one plaza where agitators were collecting toll themselves
• It was made clear that terms of the “State Support Agreement” between the state and the Centre on the obligation to provide security to all the 34 toll plazas established by the NHAI was required to be complied with