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2025 DAILYLAW 99423 (ALL)

SANDEEP KUMAR KHETAN v. NATIONAL HIGHWAYS AUTHORITY OF INDIA AND 5 OTHERS

WRIC/32584/2024 · 2025-01-24

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12987-DB Court No. - 40 Case :- WRIT - C No. - 32584 of 2024 Petitioner :- Sandeep Kumar Khetan Respondent :- National Highways Authority Of India And 5 Others Counsel for Petitioner :- Gaurav Gautam,Sanjay Sachdeva,Srishti Singh Counsel for Respondent :- Alok Tiwari,C.S.C.,Kesh Mani Dubey,Mahendra Pratap Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard Mr. Atul Dayal, learned Senior Advocate appearing on behalf of petitioner, Mr. Dinesh Kumar Singh, learned counsel appearing on behalf of respondent nos. 1, 2 and 3 and Mr. Alok Tiwari, learned counsel appearing on behalf of complainant. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the order dated August 9, 2024 passed by Project Director, National Highways Authority of India. 3. In the said order, the representation submitted by the petitioner seeking exemption for the construction of service report has been rejected by the authority concerned on the ground that there is no provision of the exemption of the condition approved by the competent authority. Having mentioned this, the representation of the petitioner has been forwarded to the Oil Company. 4. Learned Senior Advocate, appearing on behalf of petitioner submits that the authorities have misconstrued the representation made by the petitioner as the petitioner had stated in the said representation that there was no requirement of construction of service road as there was an existing pathway from the National Highway to the site. 5. Upon considering the various submissions made by learned counsel appearing on behalf of all the parties, we are of the view that the National Highways Authority of India should once again consider the representation of the petitioner de novo and grant an opportunity of hearing to the petitioner as well as the complainant Mr. Ram Shabad Yadav. 6. The entire exercise should be completed within a period of eight weeks from date of receipt of certified copy of the order. 7. In light of the above order passed, the impugned order dated August 9, 2024 is quashed and set aside. 8. With the above direction, the writ petition is disposed of. Order Date :- 24.1.2025 Virendra (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad