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SCA No. 13477 of 2012 Current Status – In the last hearing for the case held on 27 June, adjournment was sought by counsel for Special LAO for compilation.

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Presentation on theme: "SCA No. 13477 of 2012 Current Status – In the last hearing for the case held on 27 June, adjournment was sought by counsel for Special LAO for compilation."— Presentation transcript:

1 SCA No of 2012 Current Status – In the last hearing for the case held on 27 June, adjournment was sought by counsel for Special LAO for compilation of information sought by the court.  The case was adjourned and the next date of hearing was fixed for 11 July 13, which was later adjourned to August (5 Aug and 26 Aug), September (13 Sept and 26 Sept) and then in 7 October and further on 11 Nov.  However the hearing has been getting adjourned and next date of hearing is now fixed as 9 December 2013, which was adjourned to 18 December 2013, 20 January 2014, 2 February 2014, 17 February 2014, 25 February 2014, 12 March 2014, 02 April 2014, 25 April’2014, 19 June 2014 and and then to 07 Jul 2014 – JSTPL team is working closely in association with NHAI in the above matter and we have been advised to complete the construction on either side leaving aside this small stretch of 83 m. 8

2 New Petitions Writ Public Interest Litigation, WP (PIL) No. 283 of 2013 – Khedut Hit Rakshak Samiti & 134 Applicants have filed a petition in the Gujarat High Court against NHAI & 5 others. The contention of the petition is challenging the 3D publication of Junagadh Bypass on 06 Aug  Court has directed the petitioner to give a copy of the petition to NHAI.  The petition has since been converted to a PIL and has been listed before the Chief Justice. – The matter was listed for hearing on 21 Nov 13. and the court has given 3 week time to NHAI file its reply. No interim order has been passed in this matter. The main contentions of petitioners are as follows:  The Project road / Junagadh bypass itself is not needed as there is no traffic and that public funds are being wasted  The alignment for Junagadh bypass was finalized arbitrarily  The 3C hearing was not held properly and that a clerk had sat through the proceedings rather than the LAO himself and so due process has not been followed. – We have discussed the case with our NHAI counsel and informed him that petitioners had cited similar grounds and sought dismissal of the LA process for the Junagadh bypass in an earlier case (10826 of 2011) also. The Court had rejected their contention and noted that the bypass alignment was finalized after following due process and application of mind. – In view of this, we intend to move an application seeking dismissal of the PIL on the ground that the court has already opined on the matter and that this would amount to questioning the decision taken by the same court in the earlier case. Case listed for hearing to 21 st Dec’13 which was further scheduled to 26 Dec’2013, 17 Jan 2014, 24 Jan’2014, 31 Jan’2014, 14 Feb 2014, 20 March 2014, 24 April’2014, 05 May 2014, 19 June 2014, 26 June2014 and then to 03 July 14. Writ Public Interest Litigation, WP (PIL) No. 243 of 2013 – Devshibhai Bhimshibhai Rabari has filed a petition challenging the collection of toll on the National Highways. – The contention of the petitioner is that collecting the toll for an indefinite period is arbitrary. He has also stated that continuation of toll even after recovery of the construction cost amounts to profiteering. – He has listed out a few projects including Jetpur –Somanth Project. – Court has directed the advocate of petitioner to give a copy of the petition to NHAI and the matter has been kept for listing after vacation on 28 Nov13 which was further scheduled to 19 Dec’2013,, 26 Dec’2013, 17 Jan ‘2014, 13 Feb 2014, 6 March 2014, 20 March 2014, 27 March 2014, 25 April’2014, 09 May 2014 and then to 03 July


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