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2015 Supreme(SC) 1159

T.S.THAKUR, KURIAN JOSEPH
DSC-Viacon Ventures Pvt. Ltd. (Now Known as DSC Ventures Pvt. Ltd. ) – Appellant
Versus
Lal Manohar Pandey – Respondent


Advocate Appeared:
For the Petitioners:Akhil Sibal, Deepak Khurana, Aditi Sharma and Umesh Kumar Khaitan, Advocates.
For the Respondents:Dr. J.N. Dubey, A.K. Sanghi, Sr. Advs. Jugal Kishore Gilda, Advocate General, Anurag Dubey, Anu Sawhney, Meenesh Dubey, Ila Haldia, S.R. Setia,, C.D. Singh, Aniruddha P. Mayee, Charudutta Mahindarkar, A. Selvin Raja, Sakshi Kakkar, Ajay Sharma, S.S. Rawat, Manish Kumar and D.S. Mahra, Advocates.

ORDER :

Leave granted.

2. These appeals arise out of an order dated 09.10.2014 passed by the High Court of Chhatisgarh at Bilaspur in Writ Petition No. 7 of 2014 filed in public interest. The writ petition prayed for a direction to the respondent-Union of India and the State of Chattisgarh to undertake proper repair and maintenance of a 26 kms. long road connecting Raipur and Durg in the State of Chattisgarh. A further direction restraining the Concessionaire-M/s. DSC Viacon Private Limited not to collect any toll fee from the users of the road till the overlaying and maintenance thereof was completed in accordance with the concessionaire agreement and the guidelines on the subject, was also prayed for.

3. The petitioner's case in the writ petition was that the construction and upkeep of the road in question was allotted to the Concessionaire on the Build Operate and Transfer (BOT) basis and even when the road was in very poor shape, the Concessionaire was recovering user charges/toll from the public without discharging its obligations under the agreement. Complaints to different administrative authorities including the Superintendent of Traffic Police had, according to the writ-petit



































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