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2010 Supreme(Del) 120

S.MURALIDHAR
PRAKASH ATLANTA JV – Appellant
Versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA – Respondent


Advocates Appeared:
Mr. Rajiv Nayyar, Senior Advocate
Mr. Sandeep Sharma, Advocate.
Mr. Sandeep Sethi, Senior Advocate
Ms. Padma Priya, Ms. Sindhu Sinha
Mr. Sumit Gahlawat, Advocates.

JUDGMENT

1. The challenge in this petition by Prakash Atlanta JV (PAJV) and its group companies is to the validity of a show cause notice dated 27th June 2008 and the consequent decision communicated by a letter dated 24th February 2009 issued by Respondent No. 1 the National Highways Authority of India („NHAI?) barring the Petitioners from “short-listing, participating or bidding for any future projects to be undertaken by the NHAI”, either directly or indirectly for a period of two years.

2. The work of construction of “Segment of the Lucknow Bypass” connecting National Highway („NH?) No. 25 and NH No. 28 via NH 56 passing through Lucknow city in the State of Uttar Pradesh (known as Package No. E.W.-15/UP) was awarded to the Petitioners by the NHAI. On 10th August 2001 an agreement was entered into between the parties. The length of the road to be constructed was 22.66 Km and included construction of road works and bridges in accordance with drawings and the provisions of the contract. The value of the project was Rs.158,80,42,423/- and the start date of the work was to be reckoned with effect from 30th August 2001. The work was to be completed on or before 29th August 2004 i


























































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