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DELHI HIGH COURT
V.KAMESWAR RAO
Pink City Expressway Private Limited – Appellant
Versus
National Highway Authority of India – Respondent


JUDGMENT

V. Kameswar Rao, J. (Oral)--The present petition has been filed by the petitioner with the following prayers:

    "a) To hold that as an interim measure; the Petitioner shall be entitled to operate the Toll plazas as per the recommendation of Independent Engineer upto 26.08.2023 as per Article-29 of the Concession Agreement determination done by the Independent Engineer vide letter dated 01.08.2018.

    b) Allow the Petitioner to operate the toll plazas as per the Concession Agreement dated 06.06.2008 and Tri-partite Agreement dated 16.03.2017.

    c) Pass such further order/orders as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

2. It is the case of the petitioner and so contended by Mr. Amit Sibal, learned Senior Counsel appearing for Pink City Expressway Private Limited (hereinafter referred to as `petitioner' and `concessionaire' interchangeably) that the petitioner and the respondent NHAI entered into a Concession Agreement dated June 6, 2008 with regard to widening (six laning) of Gurgaon-Kotputli-Jaipur section of National Highway No.8 from KM 42.70 to KM 273.00 (length of 225.60 km) in the State of Haryana and Rajasthan (`Project

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