Delhi High Court Revives NHAI Move To Terminate Delhi–Mumbai Expressway Contract Over Delays

January 17, 2026: The Delhi High Court has restored the National Highways Authority of India’s (NHAI) decision to terminate the contract of a Delhi–Mumbai Expressway contractor over delays, lifting an earlier restraint that had stalled the move. The court held that public interest would be adversely affected if the project continued to face setbacks.

On January 13, a bench of justices Dinesh Mehta and Vinod Kumar set aside an order passed by a single judge that had restrained NHAI from acting on its December 23, 2025, “notice of intent to terminate” the contract awarded to Roadway Solutions India Infra Ltd. The bench said the stay should not have been granted, as it would further delay completion of the expressway.

The court observed that such an injunction would amount to a “national loss” and result in citizens being compelled to “take a detour for the stretch of 87 kilometres road which is incomplete or going at a snail’s pace due to the fault of either of the parties”. It added that determining which party was at fault would be left to arbitration proceedings between NHAI and the contractor.

Clarifying its order, the bench said NHAI was free to proceed with its decision and issue fresh tenders to appoint another agency to complete the affected stretch of the Delhi–Mumbai Expressway.

Appearing for NHAI, Solicitor General Tushar Mehta submitted that Roadway Solutions India Infra Ltd had been awarded contracts for three packages in 2024 but failed to complete the work on time. As a result, 87 km of the total 794-km expressway remained incomplete, forcing vehicles to take diversions. The present dispute is related to one package involving a 35-km stretch in Gujarat.

While allowing NHAI to proceed with termination, the court restrained the authority from encashing insurance surety bonds and bank guarantees furnished by the contractor until disposal of the plea before the single judge.

Roadway Solutions India Infra Ltd had earlier approached the single bench seeking a stay on NHAI’s notice, terming it illegal and arbitrary. The single judge had granted interim relief on January 2.

Source: CNBC TV18

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