Authority: Supreme Court of India
Order Date: 22 September 2026
Case Overview
- Petitioner: National Highway Authority of India (NHAI)
- Respondents: Karsanbhai Bhanabhai Patel & Ors.
- The petition is Special Leave Petition (Civil) No. 13705/2026 arising from the impugned judgment and order dated 16‑04‑2026 of the Gujarat High Court in SCA No. 5316/2026.
- Learned Solicitor General Tushar Mehta appeared for NHAI; senior counsels Shyam Divan (respondent No. 1) and Rajive Bhalla (other respondents) appeared for the respondents; Shubham Jain represented some respondents.
- The matter was heard by a bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran.
Observations & Directions
1. The Court condoned the delay in filing the Special Leave Petition and allowed the exemption application for filing a copy/counter‑claim of the impugned judgment.
2. The impugned Gujarat High Court judgment/order is stayed, subject to the petitioner (NHAI) paying the undisputed amount.
3. The undisputed amount must be deposited within three months from the date of this order.
4. The Court directed Solicitor General Tushar Mehta to obtain appropriate instructions and confirm whether the payment has been made; if not, payment must be made before the next returnable date.
5. Notice is to be issued; service of notice is permitted; waiver of service on caveat was ordered.
6. The petition is listed for further hearing on 23‑09‑2026; the interim order shall continue until further orders.
Final Outcome
- Delay in filing the SLP is condoned; exemption from filing a copy/counter‑claim is granted.
- The Gujarat High Court judgment is stayed pending payment of the undisputed amount by NHAI.
- Procedural directions regarding notice, service, and listing are set, with the interim order remaining in force.
Topics: Court Proceedings, Infrastructure Litigation