Delhi High Court - Orders
Mep Infrastructure Developers Ltd vs National Highways Authority Of India ... on 15 September, 2021
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 570/2020 & CM APPLN. 1556/2020
MEP INFRASTRUCTURE DEVELOPERS LTD. ..... Petitioner
Through Mr. Rajiv Shankar Dvivedi, Mr.
Sushant Kumar Sarkar and Mr.
Rishabh Jain and Mr. Arti Dvivedi,
Advocates
versus
NATIONAL HIGHWAYS AUTHORITY OF
INDIA AND ORS. ..... Respondents
Through Ms. Padma Priya and Shreya Sethi
Advocates for NHAI/R-1
Mr. Ravindra Kumar for R-2
Ms. Garima Prashad, Senior
Advocate and Mr. Sanjay Vashishtha,
ASC for SDMC / R-3
Mr. Sanjay Vashishtha, ASC, SDMC
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 15.09.2021
1. The hearing was conducted through video conferencing.
2. Learned senior counsel for the Respondent Corporation submits that in view of the judgment dated 09.04.2021 in W.P. (C) 2241/2020 and the fact that all the Toll Plazas have been taken over by the Corporation the Petition has become infructous.
3. Learned counsel for the petitioner submits that petitioner has filed a Latest Patent Appeal impugning judgment dated 09.04.2021 in W.P. (C) 2241/2020 and has prayed before the Division Bench for Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU W.P.(C) 570/2020 Signing Date:15.09.2021 1 Signing Date:15.09.2021 23:15:24 21:00 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
granting status quo ante.
4. Petitioner had filed the present petition seeking the following prayers:-
i) Issue a suitable writ order and direction directing the respondent NHAI and NOIDA Authority to allow the Petitioner to implement traffic calming and traffic channelizing mechanism on the free lane to enable the petitioner to collect toll tax from evading vehicles.
ii) Issue a suitable writ of mandamus or any other appropriate writ directing the respondent NHAI and NOIDA Authority to permit the petitioner to deploy suitable infrastructure and personnel on free lanes to check the menace of vehicle evading toll by running away through free lanes.
iii) Issue a suitable writ of mandamus or any other appropriate writ directing the respondent NHAI and NOIDA Authority to allow the petitioner to place it's personnel 100 metres after the toll plaza on the free lanes to collect the penalty from the vehicle evading toll.
iv) Appoint a suitable traffic survey agency empanelled by the Respondent NHAI, to do study and submit a report about average volume of specified vehicle evading toll tax through free lanes.
v) Direct the Respondent SDMC to ensure that the petitioner is not prevented from collecting the toll tax from evading vehicles in free lanes.
vi) Till the aforesaid prayers of this Writ Petition are allowed, permit the Petitioner to deposit weekly remittance after adjusting the quantified loss on account of specified commercial vehicles evading toll tax, as calculated by the internal report commissioned by the Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU W.P.(C) 570/2020 Signing Date:15.09.2021 2 Signing Date:15.09.2021 23:15:24 21:00 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
Respondent SDMC.
vii) During the pendency of this Writ Petition allow the Petitioner to deposit weekly remittance after adjusting the quantified loss on account of specified commercial vehicles evading toll tax, as calculated by the internal report commissioned by the Respondent SDMC.
5. When petitioner had filed the subject petition, the petitioner was continuing to operate the toll plazas. It is an admitted position that petitioner is no longer operating the toll plazas as possession of the toll plazas has already been taken over by the Corporation and the allotment has been made to some other operators who are operating the toll plazas.
6. In view of the fact that petitioner is no longer operating any of the toll plazas, the prayers in the petition do not survive. The petition is accordingly dismissed as infructuous.
7. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J SEPTEMBER 15, 2021 'rs' Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU W.P.(C) 570/2020 Signing Date:15.09.2021 3 Signing Date:15.09.2021 23:15:24 21:00 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.