“NHAI has now asked us for specific points which we will study and present to them in a few days. Different words and phrases can be used to better cover eventualities other than to call it a termination of contract and take things to their extremities,” Grover said. Companies which are on the debarred list include L&T, HCC and Essel Infraprojects, among others. With respect to these ongoing cases, NHAI has asked the road builders to procure an order stating why they should not be debarred from future projects.

The HCC toll project concerned, namely Raiganj Dalkhola Highways, has been delayed for six years due to land acquisition delays. The alleged termination is undergoing an adjudication or conciliation process. L&T IDPL, a subsidiary of L&T, also “terminated” a concession for the Pimpalgaon Nashik Gonde project due to force majeure events arising from law and order issues, as per provisions of the concession agreement, after completing the project. L&T had said earlier that the termination cannot be treated as a concessionaire event of default. This case, too, is sub-judice as it is under arbitration/conciliation.