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2021 Supreme(Jhk) 473

RAJESH SHANKAR
Sushma Agarwal – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. M.S. Mittal, Mr. Salona Mittal.
For the Respondent: Mrs. Sweety Topno.

ORDER :

The present writ petition is taken up today through Video conferencing.

1. The present writ petition has been filed for quashing notification dated 23.10.2020 (Annexure-1 to the writ petition) so far as the same relates to acquisition of the land of the petitioner for establishing toll plaza at Mauza-Putru (Kms. 274.500) on National Highway-33 contending that the same is in gross violation of National Highways Fee (Determination of Rates and Collection) Rules, 2008 (hereinafter referred to as “Rules, 2008”) in particular, rule 8(2) thereof since the proposed toll plaza is within 60 kilometres of the existing toll plaza at Kokpara (Kms. 309.625) and no reason in writing has been recorded prior to such acquisition in terms with first proviso to rule 8(2) of the Rules, 2008. Further prayer has been made for quashing letter dated 23.03.2021 issued by the respondent no. 5/GM(T)-cum-Project Director, Project Implementation Unit-Jamshedpur, National Highways Authority of India, Kandrabera, Seraikella-Kharsawan, whereby post facto reasons have been given for establishing a toll plaza at “Putru” which is 35 Kms. from the succeeding toll plaza at “Kokpara.” The petitioner has also pray

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