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"85. In the present case the terms and conditions of the concessionaire agreement dated 7.2.2003 were examined by this Court in both Ashutosh Srivastava (supra) and Balbir Singh's case (supra) and nothing objectionable was found.

86. We have again examined and find that the construction of expressway of 165.537 kms with 100 meters width, and provision of 2500 hectares of land on a band of about 500 meters including 100 meters for expressway at five or more locations, is integral part of the agreement. Since the chosen concessionaire was not projected to recoup the expenditure required for construction of the expressway from toll collection from 36 years, the agreement provided to make the project financially viable, by providing development of land parcels in the project, concept and design. The basic concept, design of the project included the constructions of the expressway and the development of the land parcels. This basic concept was included in the advertisements issued both in the years 2001 and 2002 before selecting the concessionaire and also in the bid documents which required the interested parties to be experienced in both infrastructure construction, and real estate development.