Abstract

The case analyses the situation of long time pending Public Interest Litigation before the High Court of Punjab and Haryana in enforcing the NH-1 Soma Isolux Project. The case deals with various impediments that affected the Project to complete on time and explains how the contractor reinforces his rights by approaching the Supreme Court of India. The case mainly discusses the scenario of contractual obligations concluded between parties and courts interference in settling the long time issues that became hindrances for the implementation of the Project.

Learning Objectives

The case is structured to achieve the following Learning Objectives:

• Whether the directions issued by the High Court of Punjab and Haryana nullifying the contractual terms would defeat the rights of parties?
• Whether the act of one division bench of High Court of Punjab and Haryana disregarding the final judgment of co-ordinating bench shall amount to judicial error?
• To what extent court can interfere under the garb of public interest into the private rights of parties of a contractual agreement? Whether it amounts to judicial overreach?

Keywords

Contractual Agreement, Model Concession Agreement, NHAI, Public Private Partnership, Concessionaire, Public Interest Litigation, Special Leave Petition, Personal Liability, Shifting of Tollways, Planning Commission, Feasibility Report, Independent Engineer, Arbitration, Cabinet Committee on Economic Affairs, Penalty