KOHIMA, NOVEMBER 1 (MExN): The Kohima Bench of the Gauhati High Court has constituted a committee to inspect the progress of road works from Lephori to Molhe Camp, Akhen to Star Lake, and TO1 to Kanjang under Meluri sub division of Phek district.
The Court directed the committee to go to the spot to see the ground realities as to whether; there has been overlapping of the works given in the work orders and also to see as to whether there has been progress in the execution of the works and if so, to what extent.
The committee includes Joshua Sheqi, Advocate; Moa Jamir, Advocate; L Likhase, Advocate; and Arenlong, Advocate.
“The learned advocates shall go to the spot and meet the village councils of the villages settled along the roads or whoever they feel would be able to give the correct information and also see the stretch of the roads and thereafter submit a report on or before the next date of hearing,” the Court held in its order on November 1.
On the date of the committees’ visit, the Court directed the official respondents to make all the necessary arrangements. “Further, we also direct that the Chief Engineer, PWD (R&B) or his representatives along with the Executive Engineer, PWD (R&B) be present on the spot. The expenses of the Committee shall be borne by the Department i.e. PWD (R&B),” it added.
Meanwhile, the Court directed the Chief Engineer, PWD (R&B) to also file an affidavit to make his stand clear on the issue.
The case pertains to a Public Interest Litigation filed against the Nagaland Government and 9 others alleging that although work orders were issued and funds released for the aforesaid roads in Meluri, nothing much has been done on the ground.
During the hearing, the counsel for the petitioners submitted that there has been overlapping of 11 Kms between the work covered by the 1st work order and the 2nd work order; and 15 Kms between work covered by the 1st work order and the 3rd work order. It was also alleged that though the funds have been withdrawn on the basis of the completion report issued by the Executive Engineer, PWD (R&B) under the Chief Engineer, PWD (R&B), actually, not much work has been done.
In view of the allegation, the Executive Engineer was directed to file an affidavit to make his stand clear. This was done on July 29, 2022 admitting that, he had issued the completion certificate but as directed by the Chief Engineer, PWD (R&B), Nagaland.
The petitioners’ counsel also submitted that till now, not much progress has been made in the construction of the roads and he has certificates to that effect issued by the Chairmen of Village Councils of the villages settled along the roads.
He placed 3 certificates issued by the 3 Village Council Chairmen along with photographs of the roads.
The Bench felt that it would be appropriate if the documents submitted by the petitioners are filed along with affidavits. Therefore, the petitioners were directed to file affidavits within 3 days from November 11.
Meanwhile, the learned Additional Advocate General, Nagaland submitted that though the work orders were issued much earlier, the funds for the same were released only in 2017 and 2018 and as soon as that was done, the pandemic came, therefore, the work could not be started early. However, as soon as the pandemic improved, the contractor has started the work and 90% of the work has been completed as on today, he stated.
The petitioners’ counsel countered that the work done so far would not amount to the extent, the Additional Advocate General, Nagaland has submitted. In fact, the work done so far is very less, he said.
In view of the conflicting submissions made by the counsels, the aforesaid committee was constituted by the Court.
The matter was listed to be heard again on November 16.
