National Highway And Infrastructure Development Corporation Limited vs. Rakesh Kumar Bhagat

ITEM NO.4 <pre>Court 5 (Video Conferencing)</pre> SECTION XVI

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 13623/2020

(Arising out of impugned final judgment and order dated 18-02-2019 in WP No. 3165/2019 05-11-2019 in CAN No. 9728/2019 passed by the High Court At Calcutta)

NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITEDPetitioner(s)

VERSUS

RAKESH KUMAR BHAGAT & ORS.

Respondent $(s)$

( IA NO. 60838/2020 - CONDONATION OF DELAY IN FILING IA No. 60842/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 60840/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 60839/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date: 31-08-2020 These matters were called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE VINEET SARAN

For Petitioner(s) Mr. S.B. Upadhyay, Sr. Adv. Ms. Anisha Upadhyay, AOR Mr. Nishant Kumar, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Mr. S.B. Upadhyay, learned Senior Advocate submits that by $\mathbb{F}$ rtue of the interim order passed by the High Court, the project of national importance is getting stalled. Our attention is

invited to the following observations passed by the High Court in the present matter:

"In such circumstances, till the recognition and verification procedure is complete, firstly the petitioners cannot be said to be protected under the Act of 2006 and secondly they cannot be evicted from the locale.

In such circumstances, the authorities will not undertake the project or evict the petitioners in any manner whatsoever from the locale till the recognition and verification procedure is complete by the State. On completion of such recognition and verification procedure, the State will inform the petitioners giving them at least a fortnight's time about such decision."

It must be stated here that by orders dated 20.07.2020 and 19.08.2020, the matter was adjourned as the pending matter in the High Court was likely to be taken up by the High Court for consideration.

Issue notice on the application for condonation of delay, on the SLP as well as on the prayer for interim relief, returnable on 26.10.2020.

Our attention is also invited to the order dated 17.08.2020 passed by the High Court wherein the submission of the counsel for the writ petitioners was recorded.

"Mr. Bikash Ranjan Bhattacharya, learned Senior Advocate appearing on behalf of the petitioner submits that the interim order passed in this writ petition does not in any manner whatsoever stultify or thwart or impede any project of this National Highways."

Since, it has been accepted by the original writ petitioners

that the interim order passed in the writ petition does not in any manner stultify or thwart or impede any project of National Highways, the present petitioner is entitled to go ahead with the project in question, irrespective of the order presently under appeal.

(INDU MARWAH) (PRADEEP KUMAR) COURT MASTER (SH) BRANCH OFFICER