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Wednesday, Sep 28, 2022

Punjab HC issues notice to NHAI, others for charging toll without completing work

Petitioner, Karan Singh Dalal and Rajvir of Haryana, contended that directions have been sought from NHAI to fulfil their obligations under the Concession Agreement dated July 16, 2010.

Punjab and Haryana High Court (File)

The Punjab and Haryana High Court (HC) has issued notice to National Highway Authority of India (NHAI) and others over a petition challenging the grant of Provisional Certificate and establishment of toll
plaza at Gadpuri, in Palwal district.

The NHAI and D A Toll Road Pvt Ltd had set up the toll plaza at Gadpuri.

Petitioner, Karan Singh Dalal and Rajvir of Haryana, contended that directions have been sought from NHAI to fulfil their obligations under the Concession Agreement dated July 16, 2010.

The work was construction/upgradation of six-lane elevated flyovers, pedestrian crossings, service roads, underpasses, intersections etc. on the Delhi-Agra stretch of the National Highway No-2, which passes through Delhi, Faridabad, Palwal, Kosi, Mathura and Agra.

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The counsel pointed out that the entitlement of the concessionaire to levy toll was to accrue after completion of the entire six-lane project. It was submitted before the HC that some features, including ROB at Ballabhgarh, six-lane flyover at Sohna crossing, were missing.

The road at Ballabhgarh was to be upgraded from four-lane to six lane to decongest the traffic.

Also in place of the six-lane flyover at Sohna crossing, a four-lane flyover was constructed and underpasses and service roads were not built.

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It has been argued that in view of the aforesaid discrepancies, the concessionaire is not entitled to start toll collection and the certificate issued by the engineering incharge allowing the petitioners to collect the toll is an
abuse of the process of the law.

The Bench of Justice Vinod S Bhardwaj after hearing the contentions issued notice to NHAI and others and asked to reply by November 30, 2022.

First published on: 20-08-2022 at 02:18:15 am
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