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Delhi High Court - Orders

Agroh Kodinar Veraval Highways Pvt. Ltd vs National Highways Authority Of India on 1 August, 2022

Author: Prateek Jalan

Bench: Prateek Jalan

                          $~4
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      O.M.P.(I) (COMM.)        136/2022    &    CCP(O)     43/2022,     I.A.
                                 10733/2022

                                 AGROH KODINAR VERAVAL
                                 HIGHWAYS PVT. LTD.                       ..... Petitioner
                                              Through: Dr. Amit George, Mr. Abhishek
                                                       Gupta, Mr. Mukesh Kumar, Mr.
                                                       Suyash    Gupta      and        Mr.
                                                       Rayadurgam Bharat, Advocates.

                                                            versus

                                 NATIONAL HIGHWAYS
                                 AUTHORITY OF INDIA                               ..... Respondent
                                              Through:           Mr. Parag Tripathi, Senior
                                                                 Advocate with Ms. Gunjan Sinha
                                                                 Jain, Advocates.

                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN

                                                     ORDER

% 01.08.2022

1. Since the last date of hearing i.e. 25.07.2022, the parties have held a meeting on 28.07.2022 under the Chairmanship of a Member of the National Highways Authority of India ["NHAI"]. A copy of the minutes of meeting has been handed up in Court and is taken on record. It is recorded therein that the petitioner is in advanced stages of discussion with few agencies to take over the project. The petitioner has been given time until 15.08.2022 for this purpose, failing which it has been agreed that the parties would be free to take action as per the Concession Signature Not Verified Digitally signed By: O.M.P.(I) (COMM.) 136/2022 Page 1 of 2 JUSTICESHITU NAGPAL Signing Date:02.08.2022 12:07:47 Agreement.

2. As far as the condition of the existing road is concerned, the petitioner has agreed that the NHAI may take the maintenance work immediately with documentation and quantification. It is also stated that the petitioner would be free to supervise the same to protect its interest.

3. In view of the above, it appears that the relief sought in this petition has worked itself out for the present. However, the petitioner is at liberty to approach the Court afresh, if the need arises. In the event parties are unable to resolve the issue by 15.08.2022, Mr. Parag Tripathi, learned Senior Counsel for the NHAI, states that the petitioner will be given notice as per the Concession Agreement, before any further action is taken.

4. The petition, alongwith the pending applications, is disposed of with the above observations.

PRATEEK JALAN, J AUGUST 1, 2022 'vp'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed By: O.M.P.(I) (COMM.) 136/2022 Page 2 of 2 JUSTICESHITU NAGPAL Signing Date:02.08.2022 12:07:47