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2011 Supreme(All) 1516

AMITAVA LALA, ASHOK SRIVASTAVA
DASA MANAGEMENT ANANTRAM TOLL PLAZA OF ETAWAH-SIKANDARA SECTION OF NH-2 – Appellant
Versus
PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA – Respondent


Advocates:
Counsel :
V.K. Singh, S. Shekhar and Rajiv Gupta for the Petitioner; Shashi Nandan, Mohd. Ali and M.C. Tripathi, A.G.A.I. for the Respondents.

JUDGMENT

Hon’ble Amitava Lala, J.—The petitioner, which is a registered firm, entered into a contract on 10th May, 2009 with the National Highways Authority of India (hereinafter in short called as the ‘’authority’) as a collecting entity for collection of user fees at Km. 351.500 (Anantram Toll Plaza) for Km. 321.100 to Km. 393.000 on Etawah-Sikandra (Kanpur Dehat) Section of National Highway No. 2, for a period of one year or for the extended period, if any.

2. By means of this writ petition, the petitioner wants to get an order quashing the impugned notice dated 1st July, 2010 issued by the authority, respondent No. 1 herein, inviting tenders for collection of user fees on the aforesaid toll plaza and also prayed for a direction upon the respondent No. 1 to release certain amount for the purpose of payment of salary/wages to the employees of the petitioner firm since January, 2010 till the continuance of agency of the petitioner firm. By an amendment dated 13th September, 2010 the petitioner has incorporated two other prayers, which are as follows:

“(v) To declare the imposition of penalty illegal, arbitrary and unlawful.

(vi) To command the Respondents to release to a sum of Rs.































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