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2023 Supreme(Del) 4941

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Rakesh Agrawal – Appellant
Versus
National Highway Authority of India – Respondent


Advocates appeared:
Mr. Praveen Agarwal, Advocate, for the Petitioner.
Mr. Santosh Kumar, Standing Counsel for NHAI with Mr. Daksh Arora and Mr. Prakhar Prakash, Advocates, for the Respondents.
Ms. Radhika Bishwajit Dubey, SPC with Mr. Siddhant Gupta, GP, for the Respondent-2/UoI.

JUDGMENT

1. The instant writ petition under Article 226 of the Constitution of India has been filed by the Petitioner as a Public Interest Litigation (PIL) with the following prayers:

    "1. To issue a Writ/Order/Direction in nature of Writ of Mandamus or any other appropriate Writ/Order/Direction, directing the Respondent to amend their contract forthwith and make them compliant with Rule 7 of National Highways Fees (Determination of Rates and Collection) Rules, 2008.

    2. Issue a Writ/Order/Direction in nature of Writ of Mandamus or any other appropriate Writ/Order/Direction commanding and directing the Respondents to recover the additional money which has been earned by the Concessioners as a result of non-compliance of Rule 7 of National Highways Fees (Determination of Rates and Collection) Rules, 2008 in the Respondent No. 1=s Contract.

    3. Issue a Writ/Order/Direction in nature of Writ of Mandamus or any other appropriate Writ/Order/Direction commanding and directing investigation by a specialized agency as to the persons who are benefited and/or are responsible for the non compliance of Rule 7 of National Highways Fees (Determination of Rates and Collection) Rules, 2008, which has r

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