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2025 Supreme(Online)(Mad) 67388

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, J
ALR Constructions, Rep.by its Managing Director, A.Logirajan S/o.Angathevar – Appellant
Versus
The Superintending Engineer, O/o.The Superintending Engineer, National Highways (Circle), Besant Road, Chinnachokkikulam, Madurai. – Respondent


Advocates:
For the Appellants/Petitioners: Mr.B.Saravanan, Senior Counsel for Mr.S.Ramsundarvijayraj
For the Respondents:Mr.Ajmal Khan, Additional Advocate General assisted by Mr.B.Ramanathan, Additional Government Pleader for R1 & R2 Mr.K.Govindarajan, Deputy Solicitor General of India assisted by P.Karthick for R3

ORDER

The Superintending Engineer, National Highways (Circle), Madurai on behalf of Ministry of Road Transport and Highways of India called for tender for carrying out the works of strengthening the road from (i) 2 lane to 2 land with paved shoulder from Km 0/550-1/100,5/700-21/070,21/500-34/200 & 34/870-38/000 & (ii) strengthening of existing 4 lane from Km 0/000-0/ 550,1/100-1/780,2/420-5/700,21/070-21/500,34/200-34/870 & 2 lane from Km 1/780-2/420 (Dindigul – Natham Section) of NH 383 in the State of Tamil Nadu (Job No.NH 383-TN-2017-18-857). The petitioner was the successful tenderer. Agreement was entered into in this regard between the petitioner and the first respondent on 14.08.2018. The project was completed on 30.06.2022. As per the terms of the contract, the petitioner was obliged to maintain the project for a period of four years ie., up to 30.06.2026. The road was to become tollable road with effect from 07.10.2024. A road to become a tollable road must fulfil certain requirements. The stand of the NHAI is that the road in question did not meet those standards. Taking note of the stand of NHAI, the first respondent issued the impugned termination notice dated 06.03.202

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