Jharkhand High Court
The Court On Its Own Motion vs . on 26 September, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Anil Kumar Choudhary
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 3503 of 2014
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The Court on its Own Motion Versus.
1. The Union of India through its Secretary, Ministry of Road Transport And Highways, New Delhi
2. The Union of India represented by its Secretary, Ministry of Environment and Forest, New Delhi
3. The National Highways Authority of India represented by its Chairman
4. The State of Jharkhand through Principal Secretary, Road Construction Department, Govt. of Jharkhand
5. Principal Secretary, Department of Forest and Environment, Govt. of Jharkhand
6. Chief Executive Officer, Municipal Corporation, Ranchi
7. Subha Jha
8. Arbind Kumar Jha
9. Narendra Mishra
10. Ranchi Express Limited, Hyderabad
11. D.G,M., M/s Canara Bank, Prima Corporate Branch, Secunderabad, Telangana State
12. Ministry of Corporate Affairs through its Secretary, Govt. of India
13. The Serious Fraud Investigation Office through its Director under the Ministry of Corporate Affairs, Govt. of India
14. Ministry of Surface Transport & Highways through its Secretary,Govt. of India
15. Central Bureau of Investigation through its Director --- Respondents With W.P.(PIL) No. 2470 of 2015
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The Court on its Own Motion Versus The State of Jharkhand & others
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Anil Kumar Choudhary
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Amicus Curiae: Mr. Ashutosh Anand & Mr. Nipun Bakshi For the Res -NHAI: M/s Anil Kr. Sinha, Sweety Topno, Advocate For the Resp No. 10: M/s Parag Tripathy, Sr. Advocate, Anoop Kr. Mehta, Amitabh Chaturvedi, Mishika Bajpai, Advocates For the Resp-Bank: M/s Jai Prakash, Sr. Advocate, P.A.S.Pati, Advocate
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61/ 26.09.2018 Learned Senior Counsel for the NHAI, the lead Bank (Canara Bank) and the Concessionaire seek permission to file affidavits in the light of the previous order dated 29.08.2018. Permission is granted. Let the affidavits be taken on record.
2. Learned Senior Counsel for the NHAI submits that in the spirit of the order passed by this court on the previous dates, NHAI has been involved in consultative process to find out a viable workable solution. Joint measurement of the executed work is being undertaken and is likely to be completed shortly. The remaining work has been divided into four phases. Notice Inviting Tender has been issued for one phase yesterday itself. Pursuant to the consultative exercise and joint measurement being undertaken, One Time Settlement Scheme is to be worked out with the Bank and the Concessionaire. NHAI is hopeful of issuing tender for the remaining three phases as well within a period of four weeks at the most. The lead bank and its consortium as well as the Concessionaire has been cooperating in the process. NHAI 2 is committed to execute the remaining portion of the work. The matter may be adjourned for a suitable period, so that further progress in the positive direction can be brought to the notice of this Court.
3. We appreciate the progress made by the parties in the matter for timely execution of the remaining portion of NH-33.
4. Let the case appear on 29.11.2018 at 3.30 pm.
5. A prayer for exemption from personal appearance has been made on behalf of Mr. Anand Kumar Singh, Member (Project), NHAI through I.A. No. 8806/2018 on the ground that he has certain pressing official engagement to attend being Member of the NHAI Board.
6. On being satisfied with the request made, exemption is allowed. I.A. stands disposed of. However, Mr. Anand Kumar Singh would be available as and when required.
(Aparesh Kumar Singh, J) (Anil Kumar Choudhary, J) Ranjeet/AKM