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A. S. OKA, SANJAY KAROL
National Highways Authority of India (NHAI) – Appellant
Versus
Noble M. Paikada – Respondent
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. N
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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