Rajasthan High Court
Udaipur Tollway Limited vs Union Of India on 26 August, 2021
Bench: Indrajit Mahanty, Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Writ Miscellaneous Application No. 128/2021
In (DB Civil Writ Petition No.11042/2020)
1. Udaipur Tollway Limited, Registered Office At 1101
Hiranandani Knowledge Park, 11Th Floow, Technology
Street, Hill Side Avenue, Opp. Hiranandani Hospital,
Powai, Mumbai-400 076 And Regional Office At Barkheda
Chandlai Toll Plaza, Main Tonk Road, Nh-12, Near
Shivdaspura, Tehsil-Chaksu Distt. Jaipur-303903
(Rajasthan)
2. Cg Tollway Limited, Registered Office At 1101 Hiranandani
Knowledge Park, 11Thfloow, Technology Street, Hill Side
Avenue, Opp. Hiranandani Hospital, Powai, Mumbai-400
076 And Regional Office At Barkheda Chandlai Toll Plaza,
Main Tonk Road, Nh-12, Near Shivdaspura, Tehsil-Chaksu
Distt. Jaipur-303903 (Rajasthan)
3. Kishangarh Gulabpura Tollway Limited, Registered Office
At 1101 Hiranandani Knowledge Park, 11Thfloow,
Technology Street, Hill Side Avenue, Opp. Hiranandani
Hospital, Powai, Mumbai-400 076 And Regional Office At
Barkheda Chandlai Toll Plaza, Main Tonk Road, Nh-12,
Near Shivdaspura, Tehsil-Chaksu Distt. Jaipur-303903
(Rajasthan) Through Mr. Ajay Kumar Dhiman, S/o Shri
Ranjit Singh Aged About 49 Years Residing At T-896,
Block-24, Rangoli Gardens, Near Vaishali Nagar, Jaipur
(Rajasthan) Pin-302034
----Petitioners
Versus
1. Union Of India, Through Secretary, Ministry Of Road
Transport And Highways, Transport Bhawan, 1, Parliament
Street, New Delhi - 110 001
2. National Highways Authority Of India (Nhai), Through
Chairman, Having Office At G-5 And 6, Sector 10,
Dwarka, New Delhi- 110075
----Respondents
For Petitioner(s) : Mr. H.V. Nandwana
Mr. Y.V. Nandwana
Mr. P.C. Sharma
Mr. Vinod Menon, through VC
Ms. Teresa Daulat, through VC
For Respondent(s) : Mr. R.D. Rastogi, ASG through VC
Mr. Sudhir Gupta Sr. Advocate with
Mr. Umang Gupta
Ms. Shweta Chohan
Mr. Peeyush Agarwal
Ms. Priyal Kothari
(2 of 3) [WMAP-128/2021]
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Order
26/08/2021
1. This application has been filed for rectification of error in the
judgment dated 25-8-2021 passed in DB Civil Writ Petition
No.11042/2020.
2. Reply to application has been filed by the respondent
National Highways Authority of India (NHAI).
3. Heard learned counsel appearing for both the sides and
perused the material made available on record.
4. Learned counsel for the petitioners submits that in para
38(v) of the judgment the words "six months from" between the
words "till" and "the date of completion" are missing inadvertently.
Therefore, this inadvertent error should be rectified to make the
operative part of the judgment consistent with the findings of the
court.
5. Mr. R.D. Rastogi, learned ASG and Mr. Sudhir Gupta, learned
Senior Counsel for NHAI have vehemently opposed the application
with the submission that after passing the judgment, this court
has become functus officio and the present application seeking
modification on merits cannot be held maintainable at all.
6. Having heard learned counsel for both the sides, we are of
the firm view that after passing the judgment, any modification on
merits is not permissible, but inadvertent errors which are
inconsistent with the findings can always be rectified, therefore,
the application is allowed and in para 38(v) of the judgment the
(3 of 3) [WMAP-128/2021]
words "or till the date of completion of the project whichever is
earlier", be deleted being absolutely unnecessary and inconsistent
with the findings of the court.
(SATISH KUMAR SHARMA),J (INDRAJIT MAHANTY),CJ
Arn/c-1
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