Delhi High Court - Orders
Agroh Kodinar Veraval Highways Pvt. Ltd vs National Highways Authority Of India on 19 May, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 136/2022
AGROH KODINAR VERAVAL
HIGHWAYS PVT. LTD. ..... Petitioner
Through: Dr. Amit George, Mr. Abhishek
Gupta, Mr. Suyash Gupta,
Mr.Mukesh Kumar, Ms.Meenakshi
Sood, Mr. Piyo Harold Jaimon,
Mr. Rayadurgam Bharat &
Mr.Amol Acharya, Advocates.
versus
NATIONAL HIGHWAYS
AUTHORITY OF INDIA ..... Respondent
Through: Ms. Gunjan Sinha Jain & Ms.
Aparna Gupta, Advocates.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 19.05.2022
1. By the order dated 02.05.2022, notice was issued in the present petition and the submission of the respondent was recorded that there is no impediment in the petitioner executing the works under the special concession agreement on the stretch of 27 km. of land, as referred to in the impugned communication dated 07.04.2022. The respondent was given one week's time to file reply supported by an affidavit of the Project Director on the question of whether the respondent has unhindered/unencumbered possession of the site or right of way.
2. Ms. Gunjan Sinha Jain, learned counsel for the respondent, submits Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:20.05.2022 13:27:53 O.M.P. (I)(COMM) 136/2022 Page 1 of 2 that the affidavit has not been file in time due to certain disruptions on the project site, as a result of which the Project Director has proceeded on leave. She seeks further time to file reply supported by the affidavit in terms of the directions contained in the order dated 02.05.2022.
3. In the event the Project Director is not available, Ms. Jain seeks permission to file an affidavit of the Regional General Manager (Technical), who will file an affidavit after ascertaining the correct position on the ground.
4. Ms. Jain also states that, in the event further action is proposed to be taken in respect of the subject project against the petitioner in terms of the notice dated 07.04.2022, the respondent will seek prior permission of the Court.
5. The affidavit in reply may be filed within three weeks, supported by an affidavit of the Project Director as directed on 02.05.2022.
6. In the event the Project Director is not available, the affidavit may be filed by the Regional General Manager (Technical), as requested by Ms. Jain.
7. Rejoinder may be filed within ten days thereafter.
8. List on 14.07.2022.
PRATEEK JALAN, J MAY 19, 2022 'pv'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:20.05.2022 13:27:53 O.M.P. (I)(COMM) 136/2022 Page 2 of 2