Article 226; Bihar State Road Development Vs. Mora Tollways {Patna High Court, 12-05-2016}

Constitution of India, 1950 – Article 226 – Writ Jurisdiction – Contractual Matters – Principles – Termination of Concession Agreement – Direction for payment of money against compensation on Corporation‟s default.


IN THE HIGH COURT OF JUDICATURE AT PATNA

CORAM: HONOURABLE THE ACTING CHIEF JUSTICE AND HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

Date: 12-05-2016

Letters Patent Appeal No.2158 of 2015

IN

Civil Writ Jurisdiction Case No. 7259 of 2015

1. Mora Tollways Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at 302, Shree Amba Shanti Chambers, Opposite Hotel Leela, Andheri Kurla Road, Andhri (East), Mumbai-400059, a Special Purpose Vehicle created by Atlanta Limited, 101, Shree Amba Shanti Chambers, Opposite Hotel Leela, Andheri Kurla Road, Andhri (East), Mumbai-400059 through its authorized representative and Project In Charge, Mr. Pillai Ponipass Packiriswami, Son of Late C.K. Packiriswami, permanent resident of flat no. 306, Jalalpur City, Gola Road, Police Station- Rupaspur, District-Patna….. …. Appellant

Versus

1. The State of Bihar through Principal Secretary, Road Construction Department, Government of Bihar, Patna.

2. The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

3. Bihar State Road Development Corporation Limited through its Managing Director, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna.

4. The Managing Director, Bihar State Development Corporation Limited, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna.

5. The Chairman, Bihar State Development Corporation Limited, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna.

6. The Directors, Bihar State Development Corporation Limited, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna.

7. The Chief General Manager, Bihar State Development Corporation Limited, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna.

8. The General Manager, Bihar State Development Corporation Limited, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna.

9. The Deputy General Manager, Bihar State Development Corporation Limited, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna….. …. Respondents

WITH

Letters Patent Appeal No. 2084 of 2015 IN Civil Writ Jurisdiction Case No. 7259 of 2015

1. Bihar State Road Development Corporation Limited through its Managing Director, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna.

2. The Managing Director, Bihar State Road Development Corporation Limited, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna.

3. The Chairman, Bihar State Road Development Corporation Limited, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna.

4. The Director, Bihar State Road Development Corporation Limited, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna.

5. The Chief General Manager, Bihar State Road Development Corporation Limited, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna.

6. The General Manager, Bihar State Road Development Corporation Limited, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna.

7. The Deputy General Manager, Bihar State Road Development Corporation Limited, office at RCD Central Mechanical Workshop Campus, Sheikhpura, Patna….. …. Appellants

Versus

1. Mora Tollways Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at 302, Shree Amba Shanti Chambers, Opposite Hotel Leela, Andheri Kurla Road, Andhri (East), Mumbai-400059, a Special Purpose Vehicle created by Atlanta Limited, 101, Shree Amba Shanti Chambers, Opposite Hotel Leela, Andheri Kurla Road, Andhri (East), Mumbai-400059 through its authorized representative and Project In Charge, Mr. Pillai Ponipass Packiriswami, Son of Late C.K. Packiriswami, permanent resident of flat No.38, Triveni Chaul, Police Station Santa Cruz and presently residing at flat no. 306, Jalalpur City, Gola Road, Police Station- Rupaspur, District-Patna.

2. The State of Bihar through Principal Secretary, Road Construction Department, Government of Bihar, Patna.

3. The Principal Secretary, Road Construction Department, Government of Bihar, Patna….. …. Respondents

WITH

Letters Patent Appeal No. 2131 of 2015 IN Civil Writ Jurisdiction Case No. 7259 of 2015

1. The State of Bihar through the Principal Secretary, Road Construction Department, Govt. of Bihar, Patna

2. The Principal Secretary, Road Construction Department, Govt. of Bihar, Patna …. …. Appellants Versus

1. Mora Tollways Ltd. a Company incorporated under the Provision of the Companies Act, 1956 and having its registered office at 302, Shree Amba Shanti Chambers Opposite Hotel Leela, Andheri Kurla Road, Andhari ( East ), Mumbai – 400059, a Special Purpose Vehicle Created by Atlanta Limited, 101 Shree Amba Shanti Chambers, Opposite Hotel Leela, Andhari Kurla Road, Andhari ( East Mumbai – 400059 through its Authorized representative and Project In Charge, Mr. Pillai Ponipass Packiriswami, Son of Late C.K. Packiriswami, Permanent Resident of Flat No. 38, Triveni Chaul, Police Station Santa Cruz and Presently residing at Flat No. 306 Jalalpur City, Gola Road, Police Station Rupaspur, District – Patna

2. Bihar State Road Development Corporation, Ltd., through its Managing Director, office at RCD, Central Mechanical Workshop, Campus, Sheikhpura, Patna

3. The Managing Director, Bihar State Road Development Corporation, Ltd., office at RCD, Central Mechanical Workshop, Campus, Sheikhpura, Patna

4. The Chairman, Bihar State Road Development Corporation, Ltd., office at RCD, Central Mechanical Workshop, Campus, Sheikhpura, Patna

5. The Director, Bihar State Road Development Corporation, Ltd., office at RCD, Central Mechanical Workshop, Campus, Sheikhpura, Patna

6. The Chief General Manager, Bihar State Road Development Corporation, Ltd., office at RCD, Central Mechanical Workshop, Campus, Sheikhpura, Patna

7. The General Manager, Bihar State Road Development Corporation, Ltd., office at RCD, Central Mechanical Workshop, Campus, Sheikhpura, Patna

8. The Deputy General Manager, Bihar State Road Development Corporation, Ltd., office at RCD, Central Mechanical Workshop, Campus, Sheikhpura, Patna …. …. Respondents

Appearance :

(In LPA No. 2158 of 2015)

For the Appellant : Mr. Y. V. Giri, Sr. Adv.

Mr. Sanjeev Kumar, Advocate

Mr. Dayanand Singh, Advocate For the Respondents : Mr. Harish Kumar, GP 32 For the BSRDC : Mr. Lalit Kishore, PAAG Mr. Vikas Kumar, AC to AG (In LPA No. 2084 of 2015) For the Appellants : Mr. Lalit Kishore, PAAG Mr. Vikas Kumar, AC to AG For the Respondents : Mr. Y. V. Giri, Sr. Adv.

Mr. Sanjeev Kumar, Advocate (In LPA No. 2131 of 2015) For the Appellants : Mr. Harish Kumar, Advocate Mr. Binod Kumar Sinha, Advocate For the Respondents : Mr. Lalit Kishore, PAAG Mr. Vikas Kumar, AC to AG For the BSRDC : Mr. Lalit Kishore, Sr. Adv.

JUDGMENT AND ORDER