Directs for strict adherence by NHIDCL, respondents authorities & Contractor
Morung Express News
Kohima| April 12
The Gauhati High Court Kohima Bench, on April 12, has directed the National Highways and Infrastructure Development Corporation Limited (NHIDCL) and others not to take “recourse to any action which will be in contravention” of its order dated 13.03.2023.
The Division Bench Justice Kakheto Sema and Justice Kardak Ete further directed the NHIDCL/respondents authorities not to resort to any action in violation of the said order regarding the ongoing construction of the National Highway-2 project from Kohima to Mao Gate.
The Contractor (M/S Fortune Groups) was also directed to complete the work on or before 30.05.2023 as stated in the March 13 order.
Further stating that the road construction has been undertaken solely in the interest of the public, the Bench expressed hope that the parties instead of raising issues which will “obstruct and delay the project”will work towards the completion of the road by strictly adhering to the March 13 order directing the parties to proceed and complete the work within the existing road till the ROW (Right-of-Way) is resolved.
The Bench gave the direction after various competing submissions were made by the NHIDCL/respondents authorities and the Contractor related to the construction of the stretch.
March 13 order
The March 13 order specifically stated that the NHIDCL “shall not deduct 25% from the bill submitted by the Contractor for non-achievement of width as per the TCS (Typical Cross-section).
“No demand for TCS will be made by the NHIDCL to the Contractor and the work will be executed on the existing road/ROW. Any bill submitted by the Contractor shall be paid as expeditiously as possible after joint verification by both parties,” it said.
If further directed the Contractor to complete the NH-2 on the existing road from Kohima to Mao on or before May 30 “without compromising on the quality of work” and cautioned that costs shall be imposed for any failure to complete the work as directed.
The NHIDCL shall be directed to issue show cause notice to the Contractor for blacklisting, it added.
Meanwhile, as requested by the Court on March 13, the Amicus curiae inspected the site and filed a report on April 11.
As per the report, the reconstruction section beginning near the Kisama gate, measuring about 19 kilometre, requires “pressing attention” if the Contractor is to complete the project by the May deadline.
On the date of inspection, the progress of the work was given as Subgrade: 11.1 Km/19 Km; GSB : 8.56 Km/19Km; WMM: 2.7 Km/19Km; DBM: 1.27 Km/19 Km; BC: 0 Km/19 Km.
From the report submitted by the Amicus curiae as well as the affidavit filed by the respondents, we find that the work had not progress much inspite of the March 13 order, the Bench noted.
NHIDCL directed not to proceed with fresh NIT
From the affidavits filed by the respondents various other issues has been raised by the parties with regard to the work, it said.
However, the Bench made it clear that it is not inclined to venture out into all the issues raised in the affidavit at this juncture as specific directions has already been passed in the March 13 order.
“We expect all the parties to abide by the direction passed in the said order for early completion of the project in the public interest, instead of violating it,” it asserted.
The Bench also expressed concern over the submission made by the Contractor that the NHIDCL has already issued fresh NIT (Notice Inviting Tender) Bid Document on April 4 through E-Tendering “Mode for Restoration and Repair of NH-39 (New NH-02) from Kohima to Mao stretch.”
On further inquiry by the Bench on the veracity of the claim, NHIDCL’s counsel replied in affirmative.
“This is seriously viewed by us as it is in violation of the order dated 13.03.2023 passed by this Court,” it stated.
Accordingly, it directed the NHIDCL not to proceed with the fresh NIT in violation of the March 13 order.
The Bench also noted that the NHIDCL/respondents authorities cannot take two stands at the same time - one directing the Contractor to complete the work while issuing fresh NIT Tender, Bid on the other hand.
Accordingly, it directed the the NHIDCL/respondents authorities not to take recourse to any action which will be in contravention of the March 13 order.
Listing the next hearing of the Public Interest Litigation (Suo Moto) on May 10, the Bench directed each party to file respective affidavits showing the progress of the work as on 09.05.2023.
As per the Court’s record, the contract agreement for the project was signed on October 7, 2020. The work should have started on October 20, 2020 and completed by April 22, 2022.
However, as the work on the ground did not get started, the Court took up the matter on Suo Moto on April 2, 2022.
