NHAI wins arbitration against ₹3,177 crore Bareilly-Sitapur toll claim
Synopsis
Key Takeaways
The National Highways Authority of India (NHAI) has secured a decisive arbitration victory, with the Arbitral Tribunal awarding only ₹46 crore plus applicable interest against a ₹3,177 crore claim raised by the concessionaire of the Bareilly–Sitapur toll project in Uttar Pradesh, according to an official statement issued on Monday, 27 July. The ruling represents a near-total rejection of the concessionaire's demands and a significant safeguarding of public funds.
Background of the Dispute
The arbitration proceedings involved Bareilly Highways Project Limited (BHPL), a concessionaire promoted by M/s Era Infra Engineering Limited for the 151-km-long Bareilly–Sitapur BOT (Toll) project. The NHAI had terminated the concession agreement in May 2019, triggering a protracted legal dispute over financial liabilities arising from the project's concession framework.
The three-member Arbitral Tribunal examined claims and counterclaims arising from the concession agreement. The concessionaire had filed 30 claims totalling approximately ₹3,177 crore. After detailed consideration, the Tribunal allowed only three claims amounting to ₹46 crore plus applicable interest, rejecting the overwhelming majority.
Key Findings of the Tribunal
The Tribunal upheld the Supplementary Agreement dated 30 March 2015 and determined that project delays were concurrent in nature — a finding that substantially undermined the concessionaire's case. By treating delays as shared rather than attributable solely to the NHAI, the Tribunal dismantled the legal basis for the bulk of the ₹3,177 crore demand.
The NHAI had also filed counterclaims, including those relating to financial losses and public inconvenience caused by the project's non-completion. While the Tribunal did not allow these counterclaims, the authority's primary objective — protecting public funds from a disproportionate payout — was achieved, the official statement noted.
Part of a Broader Legal Winning Streak
This ruling is the latest in a series of significant arbitration wins for the NHAI. In June 2026, the authority secured a ₹1,202 crore award in its favour in the Tumkur–Chitradurga 6-laning Project in Karnataka.
In April 2026, two arbitration cases involving the Panipat–Jalandhar Highway Project — where the concessionaire had raised claims of around ₹8,375 crore against NHAI counterclaims of ₹2,888.64 crore — were settled for ₹819.96 crore in the NHAI's favour. Additionally, in May 2026, a dispute over the 6-laning of the Kamrej–Chalthan section of NH-48 in Gujarat, where the contractor had claimed ₹174.49 crore, was resolved for just ₹54 lakh.
What This Means for Highway Governance
The consistent string of favourable rulings points to a strengthening of the NHAI's contractual management and legal preparedness. Officials stated that these outcomes reinforce the authority's commitment to transparent and disciplined management of National Highway infrastructure, ensuring that public resources are not eroded by inflated or unsupported private claims.
With highway infrastructure investment continuing at scale, the NHAI's ability to defend its contractual positions in arbitration will remain a critical check on project costs and fiscal exposure going forward.