Delhi High Court Calls Upon NHAI To Introduce Real-Time Toll Monitoring Systems To Detect 'Windfall Gains', Prevent Revenue Loss

The Delhi High Court has called upon the National Highways Authority of India (NHAI) to put in place an automated, technology-driven monitoring system to track toll collections in real time and promptly identify “windfall gain” situations, stressing the need to prevent loss to the public exchequer.The direction came while the Court was dealing with a challenge to the premature termination of a toll collection contract at the Pawangaon Fee Plaza in Maharashtra. While upholding the termination, the bench of Justices Anil Kshetarpal and Amit Mahajan noted that delays in detecting sharp increases in toll revenue had resulted in substantial financial loss to the public exchequer.NHAI also agreed that due to delayed invocation of the relevant contractual clause dealing with “windfall gain”, the authority suffered an estimated loss of about ₹7.5 lakh per day. It was also informed that action has been initiated against a responsible official for the lapse.Taking note of this, the Court emphasised the need for systemic reform and observed that contractual safeguards like “windfall gain” clauses are intended to enable timely intervention when toll collections exceed expected levels. Any institutional delay in monitoring or enforcement undermines the very purpose of such contractual mechanisms, it said.Accordingly, the Court recorded NHAI's assurance that “steps are being undertaken to introduce an automated technological mechanism/software-based monitoring system to enable real-time tracking of toll collections and early identification of “windfall gain” situations so as to avoid recurrence of such lapses.”The Court said it expects the NHAI to expeditiously implement robust monitoring mechanisms ensuring transparency, timely decision-making, and protection of public revenue. It directed the authority to place on record the ultimate decision taken pursuant to the said show cause notice.It further directed that disciplinary proceedings initiated in relation to the delay be concluded, as far as practicable, within six months, with the outcome to be placed on record.Appearance: Mr. Sanjoy Ghose, Sr. Adv. with Mr. Kaustubh Anshuraj, Mr. Parmod Kalirana, Mr. Manish Choudhary, Mr. Amaya Vaid, Advs. for Petitioner; Mr. N. Venkataraman, ASG with Mr. Namit Saxena, Adv. for RespondentsCase title: Md. Karimunnisa v. National Highways Authority Of India Through Its Chairman & Anr.Case no.: W.P.(C) 4817/2026Click here to read order

Delhi High Court Calls Upon NHAI To Introduce Real-Time Toll Monitoring Systems To Detect 'Windfall Gains', Prevent Revenue Loss

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