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2023 Supreme(Ker) 786

N. NAGARESH
K. C. C Buildcon Private Limited – Appellant
Versus
Government Of Kerala, Represented By Secretary To Government, Department Of Revenue – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P. Deepak, Nazrin Banu, K.M.Firoz
For the Respondent: Sri. K.M. Firoz, Smt.Shameena Salahudheen, Smt.M.Shajna, Sri. P. Deepak, Smt. Nazrin Banu, Sri. C.E. Unnikrishnan, Special Government Pleader

JUDGMENT :

W.P.(C) No.21017/2023 has been filed by a Private Limited Company seeking to quash Ext.P8 and to direct the 1st respondent to grant exemption as sought for by the petitioner under Section 10 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 in the light of Ext.P7 report of the State Level Committee. W.P.(C) No.22746/2023 has been filed by the additional 6th respondent in W.P.(C) No.21017/2023 seeking to declare that the decision of the 5th respondent-State Level Committee regarding case No.1 of Ext.P1 (Ext.P7 in W.P.(C) No.21017/2023) relating to the petitioner-Company is illegal and without considering relevant matters. The 6th respondent seeks to quash Ext.P1. The parties and documents are referred to as they are arrayed/marked in W.P.(C) No.21017/2023, for convenience.

2. The National Highway Authority of India (NHAI) accepted the bid of the petitioner for the work of development, maintenance and management of “Six-laning of Thurvavoor-Paravoor Section of New NH-66 (Old NH-47) in the State of Kerala on EPC mode under Bharatmala Pariyojana” and issued letter of acceptance dated 15.11.2021. Ext.P1 Engineering, Procurement and Construction (EPC) Agreement was

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