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...before commencement of the Project construction work, in reference to the environment or forest laws. The appellants — NHAI and MoEF had unambiguously stated before the High Court and reiterate...decide as to at what stage the appellant NHAI is required to obtain the environmental or forest clearance as per the extant laws including the Notification and Office Memorandum dated 14-9-2006 and 7-10...) under environmental laws or the forest laws, as the case may be. Further, the purpose of public hearing in the enactments concerned (namely, the 1956 and the 1988 Acts on the one hand and the 1986 Act...
...assessee by way of agreement with NHAI. Thus, the case laws relied upon by the ld. Departmental Representative are distinguishable on facts. In the facts of case and the decisions referred above, ground...the case and in, the law, the Ld. CIT(A) erred in deleting the disallowance of depreciation on intangible assets u/s 32(1)(ii) of the Act without considering the fact that CBDT Circular No.9 of 2014 was....
2. Whether on the facts and circumstances of the case and in the law, the Ld. CIT(A) erred in deleting the disallowance of provisions for periodic maintenance...
...assessee by way of agreement with NHAI. Thus, the case laws relied upon by the ld. Departmental Representative are distinguishable on facts. In the facts of case and the decisions referred above, ground...the case and in, the law, the Ld. CIT(A) erred in deleting the disallowance of depreciation on intangible assets u/s 32(1)(ii) of the Act without considering the fact that CBDT Circular No.9 of 2014 was....
2. Whether on the facts and circumstances of the case and in the law, the Ld. CIT(A) erred in deleting the disallowance of provisions for periodic maintenance...
...assessee by way of agreement with NHAI. Thus, the case laws relied upon by the ld. Departmental Representative are distinguishable on facts. In the facts of case and the decisions referred above, ground...the case and in, the law, the Ld. CIT(A) erred in deleting the disallowance of depreciation on intangible assets u/s 32(1)(ii) of the Act without considering the fact that CBDT Circular No.9 of 2014 was....
2. Whether on the facts and circumstances of the case and in the law, the Ld. CIT(A) erred in deleting the disallowance of provisions for periodic maintenance...
...NHAI, Mrs.P.R.Bentur, relying upon the several case-laws urged before this Court that Section 34 of the Act, under which an Arbitral Award can be set aside only on the specified limited Date of Judgment: 06.06.2017 MFA No.2...in the case of Date of Judgment: 06.06.2017 MFA No.25323/2012 The NHAI Vs. Mahadevi G. Hiremath and others C.R.Nagaraja Shetty Vs. SLAO, where the Honble Supreme...and held that both second respondent and the appellant are liable. The case as put forward by the first respondent has been Date of Judgment: 06.06.2017 MFA No.25323/2012 The NHAI Vs. Mahadevi...
...to 24, learned Solicitor submitted that public policy has been elucidated by Hon'ble Supreme Court and if the principles elucidated therein are applied to the instant case, NHAI is entitled to have impugned awards set aside....were not shifted. It is the case of the contractor that the site or in other words the stretch of road in which work had to be done was ultimately made available to them only in June of 2012. NHAI while...were pressed into service by both sides.(l) With regard to case laws pressed into...
...submissions and placed reliance upon case laws to support his contentions which can be summarised as follows:
11. The act of demonetisation was not a force majeure event...
2. National Highways Authority of India [hereinafter, "NHAI"], entrusted operations of the Toll Plaza at Vempadu, Visakhapatnam District, Andhra Pradesh [hereinafter, the "Toll Plaza"] to M/s...sought waiver in remittance of agreed weekly amount, claiming the act of demonetisation to be a "force majeure" event - in accordance with Clause 25(b) of the Contract Agreement. NHAI, on the other...
... Consultancy Agreement, NHAI Policy Circulars and Applicable Laws. In case, consultant fails to submit an explanation within 15 days time, it shall..., to call for the records of the second respondent pertaining to impugned order in NHAI/11021/16/PIU-K' giri/2023/834/33/(243693) dated 11.03.2025 debarring the petitioner from participating in future...:
This writ petition challenges the impugned order in NHAI/11021/16/PIU-K' giri/2023/834/33/(243693) dated 11.03.2025, which debarred the petitioners as consultants for a period of...
...any violation of environmental laws. However, he further stated that in case, Tribunal finds any construction made in violation of environmental laws, NHAI may be directed to remove the same though as a...issued by HPWWMA and subsequently by BDPO indri despite that the NHAI completed the construction on pond in January 2023 after the filing of this case, despite being completely...interest is associated with constructing highway at low cost. The private agencies/ concessionaires being backed by NHAI officials have also overlooked various environmental norms and laws while...
...applicable laws, as the case may be”.5. On receipt of the termination notice, the respondent/Contractor addressed a letter to the NHAI on 02.01.2017 to refer certain disputes for...claim filed by the NHAI, the original petitioner - NHAI has preferred the present appeal.2. The facts leading to the present appeal and the case on behalf of the appellant...the Contract. It is the case on behalf of the appellant - NHAI that the NHAI specifically stated in the termination notice that “the same is without prejudice to the Authority's right to claim damages...
...General of India and the learned standing counsel appearing for the NHAI. He also filed detailed written arguments along with compilation of case laws.Contentions of the respondents:10. The...provisions of Central Act 30 of 2013 applicable even in the case of acquisition for National Highways. In order to overcome the said situation, the Government had issued the impugned notification making...compensation or dilute the provisions of this Act relating to compensation or rehabilitation and resettlement as may be specified in the notification, as the case may be.(4) A copy of every...
...bythe Ld. Pr. CIT. Reliance is placed on the following case laws:--
CIT (CENTRAL) Vs M/s Max India Ltd....
3. Brief facts of case through ITA No. 3389/Del/2017 are that appellant/assessee filed its return of loss on 30.09.2012 declaring total loss at Rs.131,96,47,940/- for assessment...year 2012-13. The case was selected for scrutiny under CASS. Notice under Section 142(1) of the Act dated 01.10.2014 was served on Assessee. Shri Rajesh Bansal, CA/AR for the assessee furnished details...
...bythe Ld. Pr. CIT. Reliance is placed on the following case laws:--
CIT (CENTRAL) Vs M/s Max India Ltd....
3. Brief facts of case through ITA No. 3389/Del/2017 are that appellant/assessee filed its return of loss on 30.09.2012 declaring total loss at Rs.131,96,47,940/- for assessment...year 2012-13. The case was selected for scrutiny under CASS. Notice under Section 142(1) of the Act dated 01.10.2014 was served on Assessee. Shri Rajesh Bansal, CA/AR for the assessee furnished details...
...Writ Court in the facts of the present case is warranted or not having regard to the objection raised by the learned Counsel for the NHAI that there being no involvement of public law element, seeking...humble opinion of this Court, simply put, public law is the set of laws which compel a public body to perform properly the duties it owes to the public. NHAI being an Article 12 authority, its...be questioned. But by mere reason of the NHAI being an Article 12 authority and being a party to the contract, can it be said that public law element is involved in the present case...
...bythe Ld. Pr. CIT. Reliance is placed on the following case laws:--
CIT (CENTRAL) Vs M/s Max India Ltd....
3. Brief facts of case through ITA No. 3389/Del/2017 are that appellant/assessee filed its return of loss on 30.09.2012 declaring total loss at Rs.131,96,47,940/- for assessment...year 2012-13. The case was selected for scrutiny under CASS. Notice under Section 142(1) of the Act dated 01.10.2014 was served on Assessee. Shri Rajesh Bansal, CA/AR for the assessee furnished details...
...bythe Ld. Pr. CIT. Reliance is placed on the following case laws:--
CIT (CENTRAL) Vs M/s Max India Ltd....
3. Brief facts of case through ITA No. 3389/Del/2017 are that appellant/assessee filed its return of loss on 30.09.2012 declaring total loss at Rs.131,96,47,940/- for assessment...year 2012-13. The case was selected for scrutiny under CASS. Notice under Section 142(1) of the Act dated 01.10.2014 was served on Assessee. Shri Rajesh Bansal, CA/AR for the assessee furnished details...
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...year 2013-14, the case laws relied etc. 6. The Ld. D.R. on the other hand strongly supported the order of assessment and the CIT(A) in restricting the claim of deduction to a sum...stipulated u/s 54EC. ITA No.104/Bang/2019 Shri Ramesh V. Shetty, Bangalore 2. Brief facts of the case are as follows: Assessee is an individual. For the.../-. Assessee had claimed deduction u/s 54EC of the Income Tax Act, 1961 (hereinafter the Act) for investment made in NHAI bonds. From the documents submitted by the assessee, it is evident that assessee...
...the present case cannot be said to be lawful and it does not advance the case of the competent authority or NHAI. Taking possession of the land is yet another step in the same sequence and is again...taking possession of the land sought to be acquired cannot be said to be in accordance with law in this case and does not improve matters for NHAI.13. At this stage we...referred to as the writ petitioners in this judgment. The other main parties are the competent authority and the National Highways Authority of India (NHAI) and they will be referred to as such in the...
...thereby, environmental laws have been violated, hence Chairman, PSPCB decided as under:
"a) NHAI shall apply for consents to operate of the Board under the...imposed upon the project proponent for violation of environmental laws for the period of 18.04.2023 to 18.07.2024 and a separate order has been issued on 19.07.2024 requiring NHAI, M/s. IRCON and M/s...with regard to the environmental laws, the responsibility is not that of NHAI i.e., respondent 3 but the Contractor/Sub-Contractor who is actually executing the project i.e., respondent 4 and NHAI has...