ANUJ KUMAR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The grievance expressed in these two writ petitions styled as 'Public Interest Litigation' is with regard to the construction of a Toll Plaza at National Highway No. 53, village Mandir Hasaud, which is stated as situated within the span of 14 KMs from the existing Toll Plaza at village Sarona. The challenge is mainly raised with reference to the infringement of the statutory prescriptions insofar as there cannot be such a Toll Plaza within a distance of 60 KMs as provided under proviso to Rule 8(2) of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 Rules (for short 'the 2008 Rules'). Prayers in the above writ petitions are in the following terms: Writ Petition(PIL) No. 96 of 2018

(2.) The prayers are opposed from the part of the State and the National Highway Authority of India (for short 'the NHAI').

(3.) We heard Shri Rajeev Shrivastava, who led the arguments on behalf of the Petitioners, Ms. Fouzia Mirza, the standing counsel for the NHAI and Shri Manoj Paranjpe, Advocate on behalf of the 5 th Respondent/Concessionaire.