Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | public interest Terms of contract Article 226 of Constitution of India huge amounts of fine Construction of Highway Res judicata |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India :Art. 226 - Writ petition in public interest - National Highway (NH1) project - Contract between appellant- company and NHAI to construct certain portion of Highway on built, operate, trade (BOT) mode- Investment to be made by appellant by income generated from toll collection - In other writ petitions the issue of shifting of Toll Plaza adjudicated and attained finality- Matter again agitated and, while deciding continuance or otherwise of an interim order in a challenge to show cause notice, High Court in effect cancelling the agreement and saddling the appellant- contractor and its director with huge amounts of fine - Held: When Division Bench of High Court had already settled the dispute by a speaking judgment permitting the shifting of Toll Plaza, no legal authority was left with the Chairman, NHAI to issue a letter questioning the shifting - High Court also by impugned order, ignored the fact that controversy regarding shifting of Toll Plaza although had been set at rest by a judicial verdict of High Court, NHAI still insisted that it cannot permit the shifting when its I.E. (Independent Engineer) had earlier approved of the same and accepted by NHAI in view of specific clause in the agreement to that effect- High Court has further failed to visualise that the matter with which it was seized was limited to the question as to whether the order by which the show cause notice issued by the NHAI to appellant concessionaire-company was ordered to be kept in abeyance was fit to be vacated or not and went into the question whether the appellant-company was fit to continue with project which had been handed over to it by NHAI by virtue of a valid agreement executed between the parties, primarily the ground of delay without really entering into the cause of delay and considering the plea at whose instance the contractual/ obligations had been violated- Impugned directions of High Court are set aside, and appellant is permitted to restore the construction of the balance stretch/area of Highway project- NHAI is directed to permit the appellant to shift the Toll Plaza as indicated in judgment - Directions given to appellant to complete entire construction of Highway and report the progress to NHAI.Res judicata:Constructive res-judicata - Issue of shifting Toll Plaza decided by single Judge of High Court and decision affirmed in Letters Patent appeal - Matter attained finality - Issue raised again - Held: A question or an issue which has been raised earlier before High Court, adjudicated and on which a final judgment/order was delivered, cannot be allowed to be raised for the second time as that would be clearly barred by the principle of constructive res judicata - Therefore, the issue of shifting of Toll Plaza which finally was dismissed was not permissible to be referred for arbitration once on the judicial side permission to shift the Toll Plaza was permitted by High Court-Arbitration.Contract:Terms of contract- Held: In case of statutory contract, the terms of the statute prevail over the terms of the contract - But, once the contract is signed by the contracting parties, obviously the contract having assumed the legal authority of a concluded contract would govern the terms and conditions of the contract between the parties who have signed it and thereafter it would be binding on the contracting parties |
Judge | Hon'ble Ms. Justice Gyan Sudha Misra |
Neutral Citation | 2014 INSC 292 |
Petitioner | M/s. Soma Isolux Nh One Tollway Private Limited |
Respondent | Harish Kumar Puri & Ors. |
SCR | [2014] 14 S.C.R. 617 |
Judgement Date | 2014-04-17 |
Case Number | 4611 |
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