High Court of Punjab and HaryanaRSA/12/2005disposed of

(O&M) National Highways Authority & ANR. v. The New World & ANR.

2019-02-27Mr. Justice Deepak Sibal1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA No.12 of 2005 (O&M) Date of Order:27.02.2019 National Highways Authority of India and others ..Appellant

Versus

The New World, Karnal and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. D.K.Singal, Advocate, for the appellant-NHAI Mr. Shailender Jain, Sr. Advocate, with Ms. Peeyushi Jain, Advocate, for respondents no.1 to 4.

Mr. Saurabh Girdhar, AAG, Haryana for respondent no.5.

ANIL KSHETARPAL, J(Oral) Learned counsel for the plaintiffs-respondents has submitted that the suit itself has become infructuous as a flyover (elevated road) has been constructed at the place in dispute and, therefore, there cannot be any central verge/cut/opening in between the national highway. Learned counsel for the National Highway Authority of India is not in a position to admit or deny this fact. Same is the position of learned counsel for the State of Haryana.

Keeping in view the aforesaid facts, the appeal is disposed of with liberty to the appellants to move an application for revival, if anything survives.

February 27, 2019 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NARESH KUMAR 2019.03.01 11:57 I attest to the accuracy and integrity of this document Chandigarh