Madhya Pradesh High Court
National Highways Authority Of India vs Smt Indrakala Agrawal on 15 June, 2021
Author: Chief Justice
Bench: Chief Justice
1 RP-408-2021
The High Court Of Madhya Pradesh
RP-408-2021
(NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs SMT INDRAKALA AGRAWAL AND OTHERS)
Jabalpur, Dated : 15-06-2021
Heard through Video Conferencing.
Shri Mohan Sausarkar, learned counsel for the petitioner-National
Highways Authority of India.
Shri Avinash Zargar, learned counsel for the respondents No.1 to
3. Shri Bramhadatt Singh, learned Government Advocate for the respondents No.4 and 5/State.
This petition has been filed by the petitioner-National Highways Authority of India seeking review/modification of the order passed by this Court on 23.4.2021 in Writ Petition No.8178/2020 (Smt. Indrakala Agrawal and others Vs. State of M.P. & others) with the sole prayer that its right to challenge the validity of the original Award dated 7.3.2019 should not be foreclosed for the mere reason of fact that this Court by order dated 23.4.2021 has set aside the amended award dated 1.6.2020, thereby entitling the respondents No.1 to 3 the benefit as per the original award dated 7.3.2019.
Learned counsel for the petitioner referring to order dated 7.4.2021 passed in Writ Petition No.7260/2021 (Suresh Kumar and others Vs. Union of India and others) has contended that the Coordinate Bench at Indore while setting aside the impugned order dated 19.2.2021 observed that the order will not come in the way of Competent Authority to take action, if law so permits.
In view of above, it is made clear that this Court in its order dated 23.4.2021 did not in any manner debar the petitioner-National Highways 2 RP-408-2021 Authority of India from assailing the correctness of the impugned award as per law applicable on the subject i.e. under Section 3G(5) of the National Highways Act, 1956 and this Court also did not close the rights of all the parties to raise any objection thereto.
With the aforesaid observation, this review petition stands disposed of.
(MOHAMMAD RAFIQ) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
C
Digitally signed by
CHRISTOPHER PHILIP
Date: 2021.06.16 16:15:02
+05'30'