Punjab and Haryana High Court Hears NHAI's Case on Toll Plaza Closures

NHAI Seeks Compensation for Loss of Revenue to the Extent of Rs 113 Crore from Punjab Government.

Introduction

The Punjab and Haryana High Court today issued a notice to the Punjab Government in response to a plea filed by the National Highways Authority of India (NHAI). The Civil Miscellaneous Application, moved in the previously disposed of Civil Writ Petition (CWP) No. 463 of 2023, seeks redress for financial damages due to the enforced closure of several toll plazas in Punjab. This action escalates from ongoing farmer protests against what they perceive as unjust toll fee hikes.

Legal Proceedings Initiated by NHAI

NHAI has approached the Punjab and Haryana High Court again, demanding compensation from the Punjab Government for substantial losses amounting to ₹113 crore. These losses stem from the persistent closures instigated by protesting farmer groups at various toll collection points across the state.

Direction Seeking Punjab Government's Response

In response to NHAI's application, the High Court bench, presided over by Justice Vinod Bhardwaj, has directed the Punjab Government to present its stance on this matter. The case is scheduled for a hearing shortly, and the High Court has requested the assistance of the State’s Advocate General to adjudicate this complex dispute.

Background of the Protests

Farmers' unions across Punjab have been vocal and active in their protests against the NHAI's toll fee increases, which they argue are arbitrary and lack transparency. The unions contend that the fee hikes have not been accompanied by corresponding improvements in the facilities at the toll plazas.

Specific Toll Plazas Affected

The agitation has significantly impacted four major toll plazas in the region:

- Usma toll in Tarn Taran on the Amritsar-Tarn Taran Harike bypass

- Chak Bahmniya toll plaza in Jalandhar on the Lambra-Shahkot-Moga highway

- Ladhowal toll in Ludhiana on the Panipat-Jalandhar highway

- Ghaggar toll plaza near Ambala on the Panipat-Khanna highway

Despite previous directives from the High Court to ensure safety and operational continuity at these toll facilities, effective action has been lacking, leading to exacerbated financial woes for NHAI.

Advocacy and Legal Arguments

Chetan Mittal, counsel for NHAI, emphasized the severity of the situation during his court submissions. He noted that despite assurances and security measures outlined by the state's police force, disruptions continued unabated. Mittal’s argument stressed the substantial economic impact: "The protesters forcibly shut four toll plazas, causing the central exchequer a loss of Rs 113.21 crore. The NHAI is under serious occupation at these four spots."

Summing Up and Looking Forward

As the hearing unfolds, the attention is firmly fixed on the Punjab and Haryana High Court as it navigates this complex legal challenge. The decision could establish pivotal guidelines for managing and compensating for public protests that disrupt critical infrastructure in India, particularly within crucial sectors such as transportation and highways. Notably, just a few days earlier, the High Court had directed the Punjab Government to ensure the reopening of National Highways at the Punjab-Haryana interstate boundary at Shambhu and Khanauri, which had been blocked due to ongoing farmer protests. However, the current case focuses less on traffic blockages and more on the non-collection of tolls. This hearing could also clarify the responsibilities and potential liabilities of law enforcement agencies and the State Government in such scenarios.