1. Application for recall of order — impact of prior judgment on infrastructure projects — validity of work orders issued before a specific date. (Para 1 )
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2024 Supreme(SC) 891
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
Advocates appeared:
For Petitioner(s) Mr. Tushar Mehta, Solicitor General Mr. Manish K. Bishnoi, AOR Mr. Khubaib Shakeel, Adv. Ms. Rajeshwari Shankar,Adv. Ms. Amudhini R.A.,Adv. Ms. Anitha Shenoy, Sr. Adv. Mr. Vanshdeep Dalmia, Adv. Ms. Nishtha Kumar, AOR Mr. Shrom Sethi, Adv. Ms. Namrata Caleb, Adv. Ms. Ayushma Awasthi, Adv.
For Petitioner(s) Mr. Tushar Mehta, Solicitor General Mr. Manish K. Bishnoi, AOR Mr. Khubaib Shakeel, Adv. Ms. Rajeshwari Shankar,Adv. Ms. Amudhini R.A.,Adv. Ms. Anitha Shenoy, Sr. Adv. Mr. Vanshdeep Dalmia, Adv. Ms. Nishtha Kumar, AOR Mr. Shrom Sethi, Adv. Ms. Namrata Caleb, Adv. Ms. Ayushma Awasthi, Adv.
The Court clarified that NHAI projects with work orders issued before March 21, 2024, are unaffected by the judgment of that date, except for work orders issued before March 28, 2020, which still require Environment Clearance.
Headnote:
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.
Legal Category Hierarchy
Table of Contents
2. Request for recall of order — seeking clarification on the applicability of a prior judgment to projects with pre-existing work orders. (Para 1 )
3. Distinction between projects based on work order issuance dates — exclusion of projects requiring environmental clearance issued before a specific date. (Para 2 , 4 , 5 , 6 )
4. Work orders issued prior to a specified date are exempt from a subsequent judgment, except where environmental clearance was required. (Para 2 , 4 , 6 )
5. Application dismissed — clarification issued regarding project continuity based on work order dates — direction to file compliance affidavit. (Para 2 , 3 , 4 , 5 , 6 , 7 , 9 )
6. Do all projects with work orders issued before 21st March 2024 remain unaffected by the judgment of the same date?
No. While projects with work orders issued before 21st March 2024 are generally unaffected, those issued before 28th March 2020 that required environmental clearance are not covered by this clarification. (Para 2 , 4 )
7. Which projects are bound by the court's decision dated 21st March 2024?
Projects for which work orders were not issued prior to 21st March 2024 are bound by the decision of the court dated 21st March 2024. (Para 6 )
8. Does the court permit all projects listed in the case annexures to continue?
No. The court clarified that it is not permitting the work of all projects listed in the annexure to continue; only those with work orders issued before 21st March 2024 may proceed. (Para 5 )
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.
