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SUPREME COURT OF INDIA
A.S. OKA, SANJAY KAROL, JJ.
National Highways Authority of India (NHAI) - Appellant
Versus
Noble M. Paikada - Respondent
Misc. Appln. Diary No.21827 of 2024 in C.A. Nos.1628-1629 of 2021
Decided On : 15-05-2024
RECALLING - NATIONAL HIGHWAYS AUTHORITY OF INDIA - The court clarified that projects with work orders issued before March 21, 2024, remain unaffected by the previous judgment, while emphasizing the need for environmental clearance for orders issued before March 28, 2020. The court mandated the NHAI to provide documentation of these projects, reinforcing compliance with its earlier decision for any projects without prior work orders.
ORDER :
IA No.114098/2024-FOR RECALLING THE COURT ORDER DATED 21.9.2024
1. We have heard the learned Solicitor General appearing for the applicant-National Highways Authority of India (NHAI) and the learned senior counsel representing the original appellant.
2. For the time being, we clarify that the projects for which work orders were issued by the applicant-NHAI prior to 21st March, 2024 will remain unaffected by the judgment dated 21st March, 2024.
3. However, we direct the applicant-NHAI to file an affidavit giving a list of the projects for which the work orders were issued prior to 21st March, 2024 and produce copies of the work orders and other relevant documents showing service of the work order on contractors within a period of one month from today.
4. We clarify that the work orders which were issued prior to 28th March, 2020 required Environment Clearance and therefore, the clarification which we have issued under this order will not apply to such work orders.
5. We make it again clear that we are not permitting the work of all projects which are listed at Annexure A-3 to continue. Only those works will continue where work orders have been issued prior to 21st March, 2024.
6. Needless to add that in those cases where work order has not been issued prior to 21st March, 2024., the applicant-NHAI will be bound by the decision of this Court dated 21st March, 2024.
7. For considering the compliance made by the applicant-NHAI, list the application on 25th July, 2024 at 3.30 p.m.
8. M.A. Diary No(s).21770/2024 in C.A. Nos.1628-1629/2021
9. The application is dismissed and Miscellaneous Application is disposed of in terms of the signed order.
AI
Court clarifies that concessionaires under valid Work Orders prior to a specific date are exempt from needing Environmental Clearance for certain operations.
An injunction that impedes infrastructure progress is impermissible under the Specific Relief Act, emphasizing the importance of adhering to contract terms.
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