Encroachment Of Toll Plazas | Protestors Must Abide By Law, Shouldn't Traverse Others' Rights In Anxiety To Prove A Point: P&H High Court

The Punjab & Haryana High Court has said that protestors should not cross their rights in anxiety to put their point, in a plea filed by NHAI ( National Highway Authority of India) seeking security and administrative assistance for the smooth functioning of toll plazas in Punjab, against the alleged forceful stoppage of toll plazas and illegal operation of the same by the protestors.

The Farmer union activists have been protesting against frequent hikes in the toll fee since June, alleging that NHAI is hiking the toll fee at will without providing adequate facilities.

Justice Vinod S. Bhardwaj said, “The duty has also been cast upon the protestors to abide by the mandate of law. In an anxiety to put-forth their point, they should not traverse the rights that have been conferred upon other persons including statutory authorities. It is evident that the Police as well as the protestors have failed to ensure that the duties/responsibilities enjoined upon them are discharged to the fullest.”

Perusing the reply filed by the Punjab Special DGP, the Court observed that security arrangements for ensuring smooth operations of the Toll Plazas have not been made by the respondent state.

The said officer had earlier filed an affidavit dated 15.02.2023 before this Court assuring therein that the Police would ensure that no untoward incident occurs or any damage is caused to the infrastructure of the Toll Plazas. A similar undertaking was also reiterated on behalf of the respondents in the subsequent affidavit dated 12.07.2023 as well, the Court said.

Recurrence of the problem is itself reflective of the lack of resolve on the part of the Government and its ad-hoc approach to the issues brought before it, the Court added.

In the petition filed by the NHAI, it was submitted that protestors in various places of Punjab, including Amritsar, Jalandhar, and Ludhiana, have time and again seized the toll plazas and stalled the operation of collecting toll fees, which has caused a severe loss to the Central Exchequer.

In the present proceedings, the Court asked the Punjab State counsel whether the operation at the Toll Plazas is being carried out in violation of any statutory provisions or against the provisions of the National Highways Act,1956 and Rules and Regulations.

The Court noted that the State counsel had not been able to indicate any illegality committed by the National Highways Authority of India or the concessioners, which would give a right to a protestor to take control over the Toll Plaza.

The judge referred to the Supreme Court's ruling in 'Beenu Rawat and others Vs. Union of India and others [2014] to underscore that, “although the protestors have right to carry out the demonstrations against public functionaries, it is the duty of the Police to maintain law and order and ensure that the protestors do not break the law and similar responsibility also vests on the protestors.”

Proper balance amongst such rights and duties is required to be maintained, it added.

Furthermore, the Court accepted the undertaking given by the Punjab State counsel on specific instructions from Special DGP, Law and Order, Punjab that the protests leading to the closure of any/all Toll Plaza(s) in the State of Punjab shall be removed within 4 weeks.

“This undertaking made by the learned State counsel on specific instructions from Special Director General of Police, Law and Order, Punjab is accepted in the interest of justice and to provide an opportunity to the respondent-State to deal with the matter in its own wisdom,” said the judge.

The matter is listed for September 13, for further consideration.

Mr. Chetan Mittal, Sr. Advocate with Mr. R.S. Madan, and Mr. Mayank Aggarwal, Advocate for the applicants.

Mr. Saurav Verma, Addl. A.G., Punjab.

Mr. Ankit Bishnoi, Advocate and Mr. Harpreet S. Sidhu, Advocate for the applicants in CM-11454-CWP-2024.

Title: NHAI & Ors. v. State of Punjab & Ors.

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