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High Court of DelhiW.P.(C)/3298/2016

Gvk Jaipur Kishangarh Expressway Pvt Ltd v. Union Of India And ANR

2016-05-09Hon'Ble Mr. Justice Manmohan2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3298/2016 &CM APPLs.14050-14051/2016 GVK JAIPUR KISHANGARH EXPRESSWAY PVT LTD ..... Petitioner Through:

Mr.Gopal Jain, Sr. Advocate with Mr.Ajay Bhargava, Ms Chinmayee Chandra and Ms.Abhisaar Bairagi, Advocates versus UNION OF INDIA AND ANR ..... Respondents Through:

Mr.K.K.Sharma, Sr.Advocte with Mr. Mukesh Kumar, Advocate for NHAI

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 09.05.2016 Present writ petition has been filed challenging letters dated 21st March, 2016 and 31st March, 2016 issued by respondent No.2-NHAI whereby the petitioner has been directed to implement the amendment in the toll fee in accordance with the Central Government's Notification dated 4th March, 2016 at Jaipur-Kishangarh Section in the State of Rajasthan.

Mr.Gopal Jain, learned senior counsel for petitioner fairly states that as the legality and validity of the Notification dated 4th March, 2016 has not been challenged and the same has now been given effect to, he does not wish to press the present writ petition with regard to the challenge to the two letters dated 21st March, 2016 and 31, March, 2016.

He, however, prays that the petitioner's representation dated 1st April, 2016 to ensure smooth operation of project 'Highway' be dealt with by the respondent NHAI.

This Court is of the view that the request made by Mr.Gopal Jain, learned senior counsel for the petitioner is fair and reasonable. Consequently, present writ petition and applications are disposed of with a direction to respondent No.2 to decide the petitioner's representation dated 1st April, 2016 in accordance with law and the Agreement dated 8th May, 2002 executed between the parties as expeditiously as possible preferably within a period of six weeks.

However, it is clarified that this Court has not expressed any opinion on the merits of the controversy. The rights and contentions of all parties are left open.

MANMOHAN, J MAY 09, 2016 sv