Full Text
W.P.(C) 36/2023 and CM APPL. 3808/2023, REVIEW PET.
30/2023 REDECON INDIA PVT LTD ..... Petitioner
Through: Mr. Suryadeep Singh and Ms. Radha R. Tarkar, Advocates (M:
9899987555).
Through: Mr. Sangram Patnaik, Mr. Swayam Sidha Patnaik and Mr. Vivekanand Jaiswal, Advocates with Mr. K.K.
Sharma, DGM (M: 9818323192).
JUDGMENT
1. This hearing has been done through hybrid mode. CM APPL.3808/2023 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
REVIEW PET.30/2023
3. This is a review petition filed by the Petitioner under Order XLVII CPC seeking review of the order dated 9th January, 2023 passed by this Court. The application raises the following two issues in respect of: • The date ‘18th September, 2022’ which incorrectly appears in paragraph 12(5) of order dated 9th January, 2023; and • Paragraph 11 of the said order, as to the ‘Reviewing Authority’ in view of the Circular dated 7th October, 2021 issued by MoRTH.
4. On the first aspect, considering the submissions made by the ld. 2023/DHC/000621 Counsel today, the inadvertent error in the date mentioned in paragraph 12(5) is corrected to read as ‘8th September, 2022’ and not as ‘18th September, 2022’.
5. Insofar as the reviewing authority is concerned, the case of the Petitioner is that the Secretary, MoRTH would be the Reviewing Authority only in respect of National Highway projects which are being implemented through State PWDs as per paragraph 7 of the circular dated 7th October,
2021. The actual Reviewing authority for other projects is not notified by NHIDCL, as per the Petitioner.
6. Insofar as NHIDCL is concerned, as per paragraph 8 of the said circular, the NHIDCL has to designate the ‘Reviewing Authority’. Mr. Patnaik, ld. Counsel for the NHIDCL, under instructions, submits that the ‘Managing Director, NHIDCL, 3rd Floor, PTI Building, 4, Parliament Street, New Delhi-110001 would be the Reviewing Authority in the present case. Accordingly, the representation, if any, to be made by the Petitioner in the present case, shall be accordingly, made to the Managing Director, NHIDCL.
7. The remaining directions passed in the order dated 9th January, 2023 shall continue to operate.
8. The review petition is disposed of in the above terms.
9. The present order shall be uploaded as a corrigendum of the order dated 9th January, 2023.
PRATHIBA M. SINGH, J. JANUARY 25, 2023/dk/sk