Morung Express News
Dimapur | August 8
The Gauhati High Court, Kohima Bench, currently hearing a Public Interest Litigation (Sou Moto) case on National Highway-2 project, has directed the Contractor to maintain the timelines already agreed regarding the progress of the work and to maintain the road as per an earlier agreement.
“In case of his failure to do so appropriate order would be passed on the next date,” stated an order issued by the Division Bench comprising of Justice Songkhupchung Serto and Justice Kakheto Sema, on August 3. The court is currently hearing the PIL in “view of the deplorable condition of the road” on NH-2.
During the hearing, the Amicus Curiae appointed by the Court took apprised the Bench on the affidavits filed by the respondents and the time lines prepared for completion of the project.
As per the affidavit filed by the Authority Engineer the work progress so far made is much below the percentage of the work to be completed as per the time line given, the Bench said.
Based on the timeline, the Contractor would have completed at least 23.94% of the work but has completed only 13.95%, it said.
The Bench further observed that during earlier hearings, the skilled and unskilled workforce required for carrying out the work in time was worked out to be 120 but the Authority Engineer report stated that there were only 85 workers on the ground, it added.
The Amicus Curiae also stated that the maintenance work is not only up to the mark but is much below the requirements and that has caused a lot of inconveniences to the commuters on the highway.
“One of us who have travelled recently on the same road and has experienced the same,” the Bench noted.
Meanwhile, the counsel appearing for the NHIDCL has assured the Bench that the agency is doing everything to see that the road is maintained and the project is completed within the timeline given.
The counsel further submitted that since the Contractor has time and again failed to keep the time lines and appropriate order may be passed by the Court.
The Amicus Curiae also submitted that the NHIDCL can also take appropriate actions if the Contractor fails to maintain the road while the construction is going on as per the earlier agreement.
Meanwhile, the counsel appearing for the Contractor (M/S Fortune Groups) expressed the difficulties faced by the Contractor because of the incessant rain.
Accordingly, the Bench observed that the periodic orders passed by them, the timelines prepared and accepted by all the parties and the affidavit filed by the Authority Engineer showing the progress of the work, seem to be not followed.
“The Contractor has slacked not only in the execution of the project but also in the maintenance of the road for which he is responsible as per clause 10.4(1) (2) of the agreement,” it added.
Thereafter, the Bench issued the direction to the contractor to maintain the timelines and maintain the road as per the agreement.
Listing the matter again for hearing on August 24, the Bench also directed the Authority Engineer shall once again submit progress report of the execution of the project and maintenance of the road separately by way of an affidavit.
