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Jurisdiction no ground for stopping payout: Punjab and Haryana HC to NHAI

Executing court cannot probe decree validity or office address mismatch, rules Justice Mandeep Pannu of Punjab and Haryana HC.

3 min readChandigarhNov 10, 2025 06:23 PM IST

The MACT, Chandigarh, had fastened liability on NHAI, Regional Office, Chandigarh, for a fatal accident in Kinnaur district of Himachal Pradesh.

The Punjab and Haryana High Court Monday dismissed two revision petitions filed by the National Highways Authority of India (NHAI) seeking to block execution of a 2023 motor accident award, holding that technical objections over regional office nomenclature and territorial jurisdiction cannot be raised at the execution stage to defeat a binding decree.

Justice Mandeep Pannu, in a common order disposing of CR-7862-2025 and CR-7877-2025, upheld the district judge’s October 4 order rejecting NHAI’s objections to execution proceedings initiated by decree holders Ganga Devi and Rajesh Negi to enforce a Motor Accident Claims Tribunal (MACT) award dated October 31, 2023.

The MACT, Chandigarh, had fastened liability on NHAI, Regional Office, Chandigarh, for a fatal accident in Kinnaur district of Himachal Pradesh. During execution, the decree holders arrayed NHAI, Regional Office, Panchkula as the judgment debtor, prompting NHAI to contend that the two entities were separate Project Implementation Units (PIUs) and that execution against the Panchkula office was misconceived.

NHAI also argued that the Chandigarh tribunal lacked territorial jurisdiction under Section 166(2) of the Motor Vehicles Act, 1988, since the accident took place in Kinnaur, the claimants resided there, and the vehicle belonged to Himachal Road Transport Corporation, Shimla. It further claimed improper service in the original proceedings, submitting that a Himachal PWD official had appeared under mistaken identity, resulting in an ex parte award. An application under Order IX Rule 13 of the Code of Civil Procedure (CPC) to set aside the award is currently pending before the tribunal.

Rejecting these objections, Justice Pannu held that both regional offices function under the same statutory body governed by the National Highways Authority of India Act, 1988, and that variation in office address does not alter the legal identity of the judgment debtor. “The liability under the award remains that of NHAI as a statutory body,” the court observed.

On jurisdiction, the court reiterated that an executing court cannot go behind the decree or examine its correctness on merits, unless the decree is a nullity due to lack of inherent jurisdiction. Finding no such defect – notice had been issued to NHAI and evidence considered – the court held that challenges relating to accident location or impleadment relate to adjudication correctness, not inherent jurisdiction, and therefore cannot be reopened in execution.

Once an award attains finality, the judgment debtor cannot evade payment through technical pleas on office labels or territorial objections, the court added, terming the executing court’s findings “fully justified and in consonance with law”.

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The court clarified that its observations will not prejudice NHAI’s pending Order IX Rule 13 application, which the tribunal must decide independently.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More