The General Manager National Highways Authority Of India vs. The Gajuwaka Bar Association Gajuwaka Visakhapatnam
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Hon'Ble The Chief Justice, Hon'ble Sanjay Kumar
Stage:
DISPOSAL/FINAL DISPOSAL AT ADMISSION STAGE - CIVIL CASES
Remarks:
Week Commencing [03-02-2025]
Listed On:
18 Dec 2024
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
76494/2019,89238/2023,113072/2023,113073/2023,
Original Order Copy
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Order Text
ITEM NO.12 COURT NO.1 SECTION XII-A
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 15080/2019
[Arising out of impugned final judgment and order dated 29-01-2019 in WPPIL No. 303/2017 passed by the High Court of Andhra Pradesh at Amravati]
THE GENERAL MANAGER NATIONAL HIGHWAYS AUTHORITY OF INDIA & ANR. Petitioner(s)
VERSUS
THE GAJUWAKA BAR ASSOCIATION GAJUWAKA VISAKHAPATNAM & ORS. Respondent(s)
(IA No. 76494/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 89238/2023 – INTERVENTION/IMPLEADMENT, IA No. 113072/2023 – INTERVENTION/IMPLEADMENT and IA No. 113073/2023 - VACATING STAY)
Date : 18-12-2024 This matter was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KUMAR
For Petitioner(s)
Mr. Santosh Kumar - I, AOR
For Respondent(s)
Mr. Akshay Mann, Adv. Mr. P. Santhosh Kumar, Adv.
Mr. Sravan Kumar Karanam, AOR
Mr. N. Rajaraman, AOR
Mr. Akshay Mann, Adv. Mr. P. Santhosh Kumar, Adv. Mr. Sravan Kumar Karanam, AOR
Ms. Goli Rama Krishna, Adv. Mr. Anand Dilip Landge, AOR
UPON hearing the counsel, the Court made the following O R D E R
Our attention is drawn to the National Highways Fee
(Determination of Rates and Collection) Rules, 2008,1 published vide Notification No. G.S.R. 838(E) File No. RW/NH-25016/1/2008/P&P dated 05.12.2008 issued by the Ministry of Shipping, Road Transport and Highways2. The question would be whether the toll plaza in question would be covered by the second proviso to Rule 8 of the 2008 Rules.
Let the MoRTH file an affidavit in this regard, stating whether the toll plaza in question is covered by the second proviso and whether, pursuant to the said proviso, Notification No. S.O. 3113(E) F.No. NH-14012/7/2022-P&M dated 07.07.2022 has been issued.
A copy of this order will be sent to the Secretary, MoRTH, who shall file the affidavit, after ascertaining the full facts, within a period of three weeks from the date of receipt of a copy of this order.
Re-list in the week commencing 03.02.2025.
(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR
<span id="page-1-0"></span>1 "2008 Rules", for short
<span id="page-1-1"></span>2 Nomenclature of the Ministry now is Ministry of Road Transport and Highways, "MoRTH", for short
2