‘Clear culverts, complete black-topping of 2-lane within 15 days’

GHC Kohima Bench issues slew of directions on ongoing NH-29 4-lane project

Morung Express News
Dimapur | April 21 

The Kohima Bench of the Gauhati High Court (GHC), once again, has issued slew of directions regarding the ongoing construction works for four-laning of National Highway (NH) 29 between  Dimapur to Kohima.

After analysing submissions by different stakeholders related to the projects, the Bench comprising of Justice Songkhupchung Serto and Justice Nelson Sailo, on April 20 noted that while good progress has been made for Package I and II, some portions showed no progress.

The contractor has not made much progress in areas like road side drain construction, slope protection, road sign, WMM (Wet Mixed Macadam), DBM (Dense Bituminous Macadam) and retaining walls, it said. 

To this, the counsel for the contractor submitted that all these works would be completed within 15 days except for the slope protection work, which would take another month due to non arrival of the materials from Hyderabad. The Authority Engineer for the projects affirmed the same.

Accordingly, the Bench directed all stakeholders to complete the Package I and II within 15 days, except for the slope protection, to be completed on or before the end of May.

The counsel further informed  that a total of 18 and 13 culverts in Package I & II respectively, though completed, were not functioning smoothly as the outlets were blocked by soil dumped by locals.

In reply, the Additional Advocate General (AG), representing the State respondents, said that the obstacles can be cleared “as and when” the contractor points out the culverts concerned. He also submitted that notices have been issued by the Deputy Commissioner to around 60 individuals who have encroached into the acquired land as ROW (Right of Way) along the NH-29.

Accordingly, the Bench directed both the contractor and the State Government to clear all the dumped soil by identifying the culverts within 15 days as rainy season is knocking at the door.

Security issues for Package III

Meanwhile, on the status of Package III, the Bench observed that since the last hearing (March16), there has been very little or nil progress.

While the Bench had directed the contractor on March 16 to complete earth cutting works before April 10 in view the onset of monsoon, based on the Authority Engineer’s report, it said that no progress has been made.

To this, the counsel for the contractor maintained that it was “due to serious security threat,” further adding+- that most of the workers “have run away.”

However, the Additional AG submitted an order issued by the Additional Director General of Police (Law & Order) on April 7 regarding the provision of security to the workers by deployment of one section of IR Bn.

The Officer in-charge of the Police station concerned has been instructed to remain in regular contact with the officers of the company/contractor while highway mobile squad of the District Executive Force (DEF) Kohima has been stationed at the work areas, he pointed out. 

The Sub Divisional Police Officer Kohima has also been directed to monitor and take prompt action in the event of any untoward incidence, he added. 

With the counsel for the contractor admitting that “such actions have been taken,” the Bench stated that it was not “convinced that there is real security threat to the workers.”

However, it suggested that “if the threat is not imaginary but real,” the contractor should hold discussion with the Government represented by the Deputy Commissioner and the Home Commissioner to find solution to the problem so that the progress of the work is not deferred.

Concerns over timely completion 

With just 4 months left for completion of the Package III as per the contract agreement between the NHIDCL signed in September 2021 for a period of 12 months, the Bench also wondered whether it would be completed on time. 

Though, the Authority Engineer submitted that 76% of the project work has been completed, the Bench noted that “if the progress of the work is as on today” the project would not be completed on time. 

Consequently, it directed the contractor, the NHIDCL, the Authority Engineer and the State Government to work in tandem to complete the work as per the time-frame given in the agreement.

Further observing that while the contractor was earlier asked to finish the blacktopping of at least 2-lane by March 31 but a total of 2.45 kilometre was yet to be blacktopped, the Bench directed for its completion within 15 days.

All the contractors-Package I, II & III were also directed to submit affidavits stating that the works would be completed as directed.

 “All the stakeholders shall also submit an affidavit each as to what action plan (s) have been contemplated for completion of the whole project of Package 3 within the time period given in the contract agreement,” the Bench, added in its order. 

The counsel for the National Highways and Infrastructure Development Corporation (NHIDCL) was also directed to come with instruction as to what action is contemplated for slow progress of the work in Package III. 

Listing the matter again for hearing on May 11, the Bench stated that all the affidavits should be filed on or before May 9. 

The Bench is currently hearing a Public Interest Litigation (Suo Moto) on the slow pace of the construction of 4-lane road of the National Highway (NH) 29 between Kohima and Dimapur.

As per the NHIDCL, the main contractor for the Package I&II is M/s Ramky-ECI (JV) while it is OASIS Technocons Ltd for Package III.