(Blurb) The NHAI has claimed to have suffered a loss of ₹113 crore due to farmers’ protest
The Punjab government has promised to remove the protesters from the four toll plazas in the state in four weeks after the Punjab and Haryana high court slammed its “ad hoc” approach.
“Recurrence of the problem is itself reflective of the lacking resolve on the part of the government and its ad hoc approach to the issues brought before it,” the bench of justice Vinod S Bhardwaj said while referring to similar controversies in February and July last year when the government promised providing adequate security at toll barriers before the court when pleas against protests came up for hearing.
In its recent order that was released on Friday, the court further stated that a specific query was put whether the operations at the toll plazas were being carried out in violation of any statutory provisions or rules. The state government has not been able to indicate any illegality committed by the National Highways Authority of India (NHAI) or the concessionaire as would give a right to a protester to take control over the toll plaza, it further remarked, expressing its displeasure.
The court was hearing a plea moved by the NHAI on July 1 demanding resumption of the four toll plazas in Punjab. It claimed that a loss of ₹113 crore had been suffered by the agency.
{{/usCountry}}The court was hearing a plea moved by the NHAI on July 1 demanding resumption of the four toll plazas in Punjab. It claimed that a loss of ₹113 crore had been suffered by the agency.
{{/usCountry}}The toll plazas, cited affected by the agency, are Usma in Tarn Taran on Amritsar-Tarn Taran Harike bypass closed since June 6, Chak Bahmaniya in Jalandhar on the Lambra-Shahkot-Moga highway closed since June 2, Ladhowal in Ludhiana on the Panipat-Jalandhar highway closed since June 16 and Ghaggar near Ambala on the Panipat-Khanna highway. The protests are being carried out by different farmer unions against the alleged hikes in the toll fee, further alleging that the NHAI had been doing so at will without providing adequate facilities.
The court observed that it is evident from the response from the police that security arrangements for ensuring smooth operations of the tolls had not been done by the state. “It is evident that the police and the protesters have failed to ensure that the duties/responsibilities enjoined upon them are discharged to the fullest,” it said, adding that the duty has also been cast upon the protesters 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 added.
The court referred to a Supreme Court judgement wherein it was held that although the protesters have the 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 protesters do not break the law and similar responsibility also vests on the protesters. Proper balance amongst such rights and duties is required to be maintained.
The court accepted the undertaking of the Punjab Police that the protests leading to closure of any toll would be removed within a period of four weeks and deferred the hearing for September 13. “(Prayer seeking time) accepted in the interest of justice and to provide an opportunity to the respondent state to deal with the matter in its own wisdom,” it said, seeking compliance of the undertaking on adjourned date.
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