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2001 Supreme(SC) 1208

DORAISWAMY RAJU, S.RAJENDRA BABU
State Of W. B. : National Highways Authority Of India – Appellant
Versus
M. R. Mondal: Monoranajan R. Mondal – Respondent


JUDGMENT

Raju, J.-Special leave granted.

2. These appeals have been filed by the National Highways Authority of India, who was not a party to the proceedings in the High Court, but with the permission granted by this Court and the State of West Bengal against the judgment dated 20.11.2000 in FMAT No. 3607 of 1999, whereunder a Division Bench of the Calcutta High Court has not only stayed the action initiated by the Superintending Engineer to re-bid the right to collect the toll in question but also ordered the continuance of the Receiver in respect of the possession of the expressway and collection of toll charges, meeting the expenses and deposit with the State, etc., and a further direction to the State Government to take a decision in terms of Clause 15 of the Memorandum No. 15/1(3) PR/N/DEW/IE-12/94(V) dt. 11.3.1998.

3. The disputes between the parties relate to the right of collection of toll charges from the vehicles using part of Durgapur Expressway between 22 km. to the end point Palsit - a stretch of 48 km. of road on National Highway No. 2, known as Durgapur Expressway. That the said stretch forms part of a National Highway which vest with the Central Government and the Cent



























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