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2021 Supreme(SC) 557

K.M.JOSEPH, S.RAVINDRA BHAT
National Highways Authority of India – Appellant
Versus
Madhukar Kumar – Respondent


Advocates appeared:
For the Appellant(s) :Neeraj Kishan Kaul, Madhu Sweta, Rahul Shyam Bhandari, Shivangi Khanna, Advocates
For the Respondent(s):Rajesh Srivastava, Shyam Divan, Ravi Bharuka, Ankit Agrawal, Adith Deshmukh, Shreeyash Lalit, Devashish Bharuka, Arup Banerjee, Sanjeev Sharma, Rudra Kumar Dey, T. Mahipal, Shyam Divan, Rajesh K. Singh, Rovins Verma, Harish Pandey, Samir Ali Khan, Rudreshwar Singh, Kaushik Poddar, Advocates

JUDGMENT :

K.M. JOSEPH, J.

1. Respondent Nos. 1 to 17 in this appeal (hereinafter referred to as, ‘the writ petitioners’), filed Writ Petition No. 5643 of 2012. The relief sought in this Writ Petition was to restrain the construction of a toll plaza at 194 km of NH-30 in the four-laning of Patna-Bakhtiyarpur section of NH30, in violation of Rule 8 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 (hereinafter referred to as, ‘the Rules’, for short). The said Writ Petition was heard along with Writ Petition No. 4526 of 2013, filed by one Shri Ritesh Ranjan Singh @ Bittu Singh. By Judgment dated 22.07.2014, the Writ Petitions were allowed in the following manner by the learned Single Judge:

    “32. Thus, on the basis of aforesaid discussions, these writ petitions are allowed and respondents no. 6 and 11 are directed to shift the proposed construction of Toll Plaza at 194 km milestone of Patna-Bakhtiyarpur Section of N.H. 30 from its present location to any other place on new alignment which separates from old N.H. 30 so that the violation of Rule 8 of Rul

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