Supreme Court reaffirms a lawful administrative decision is not vulnerable to Judicial Scrutiny

Supreme Court reaffirms a lawful administrative decision is not vulnerable to Judicial Scrutiny

Supreme Court reaffirms a lawful administrative decision is not vulnerable to Judicial Scrutiny

Singhania & Partners LLP   is  proud to announce yet another victory in the Supreme Court where we represented NHAI in the matter of National Highways Authority of India and Ors. v. Madhukar Kumar.

The Supreme Court of India set aside the judgment passed by Patna High Court directing NHAI to shift the toll plaza at km 194  milestone of NH 30 on the ground of violation of Rule 8 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008. After analysing the facts of the case and interpreting Rule 8, the Hon'ble Court held that the reasons and the action of NHAI was not illegal or arbitrary. The Hon'ble Court held that an important sine qua non for the exercise of the discretionary power conferred on the Executing Authority is that, the Executing Authority must record reasons in writing at the time when it exercises the power to locate or permit the Concessionaire to locate the toll plaza within the distance.

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