Supreme Court - Daily Orders
Jmc Projects (India) Ltd. vs National Highways Authority Of India on 20 May, 2022
Bench: M.R. Shah, B.V. Nagarathna
ITEM NO.42 COURT NO.10 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) Nos. 9385-9386/2022
(Arising out of impugned final judgment and order dated 11-04-2022
in LPA No. 154/2022 and CMA No. 10729/2022 passed by the High Court
of Delhi at New Delhi)
JMC PROJECTS (INDIA) LTD. & ANR. Petitioner(s)
VERSUS
NATIONAL HIGHWAYS AUTHORITY OF INDIA & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.75288/2022-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT )
Date : 20-05-2022 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
For Petitioner(s) Mr. Ranjit Kumar, Sr. Adv.
Mr. Ritin Rai, Sr. Adv.
Mr. Shamik Shirishbhai Sanjanwala, AOR
Mr. Sunil Mittal, Adv.
Ms. Anu Tiwari, Adv.
Mr. Arun Singh, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
The High Court in para 21 of the impugned judgment observed as under-
“As far as the new grounds of challenge regarding lack of reasons for denial of security clearance etc. are concerned, we are afraid we cannot allow the same to be agitated in the present appeal. The prayers made by the petitioner in the writ petition have also been quoted hereinabove. From a reading of the same, it would be apparent that the appellants have not sought any specific prayer challenging the denial of security clearance to it. Its entire focus was on Signature Not Verified its submission that such security clearance was not Digitally signed by SWETA BALODI Date: 2022.05.23 required. Having failed in such submission, it 16:14:09 IST Reason: cannot now be allowed to set up a new case in the present appeal and convert this court into a court of first instance.”
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In that view of the matter, we refuse to entertain the present Special Leave Petitions.
However, it is observed that it will be open for the petitioners to challenge the denial of the security clearance and as and when such proceedings are initiated, the same be considered in accordance with law and on its own merits, as per the policy of the Government.
With this, the present Special Leave Petitions stand disposed of.
Pending application(s), if any, shall stand disposed of.
(NEETU SACHDEVA) (NISHA TRIPATHI) COURT MASTER (SH) ASSISTANT REGISTRAR