NH-2 project: ‘Pitiable’ Kigwema to Mao stretch needs to be ‘urgently addressed’

Many potholes appearing in reconstructed Lerie to Kigwema stretch, Amicus Curiae reports

Morung Express News
Kohima | May 25

The National Highway-2 stretch from Kigwema to Mao is in a “pitiable condition” while many “potholes are beginning to appear” on works done by the contractor, stated the Amicus Curiae’s report submitted to the Gauhati High Court, Kohima Bench. 

As per an order issued by the division bench comprising of Justice Songkhupchung Serto and Justice Kakheto Sema on May 25, Amicus Curiae, A Zhimomi inspected the road in two parts - the overlay section from Lerie to Kigwema and the reconstruction section from Kigwema to Mao. 

Accordingly, the report informed that overlay section is yet to be fully completed, with some portion still to be covered with bituminous concrete. In this stretch, many potholes are beginning to appear, though work has been done by the Contractor, it highlighted. 

Regarding the second part – the Kigwema to Mao stretch—the report stated that the existing road is in “pitiable condition” and “needs to be urgently addressed.”  “Potholes of different sizes dot the entire stretch of the road. Clogged drains and/or lack of drainage, has resulted in water-logging in the potholes and also on some stretches of the road,” it added. 

Accordingly, the Amicus Curiae informed the Court that he had requested the Authority Engineer and the Contractor to take urgent and immediate steps to maintain the existing road. Maintenance of the existing road is a part of the contract and therefore, the Authority and the Contractor are mandated to take the necessary steps in this regard, he noted. 

The Amicus Curiae further noted that “pot holes of different sizes and depths, waterlogged areas, make for a hazardous and perilous trip for commuters” and discomfort is “best experienced to be explained.” “Public safety must impel action on the part of the Authority and the Contractor. The construction is an ongoing project and such action is possible,” he added. 

The Bench is currently hearing a Public Interest Litigation (Sou moto) in “view of the deplorable condition of the road” on NH-2. 

Counter arguments 
Meanwhile, the representative of the Authority Engineer informed that the Authority Engineer was “indisposed” and hence would “require a week’s time to submit the progress-report and work-programme as directed earlier by the Court.”

The Senior Additional Attorney-General appearing for the State respondents submitted that he will be able to file the affidavit, as required by the Bench, after a week.

The counsel for the contractor also submitted that the latter is unable to make much progress as “no payment has been made for the maintenance work so far done.” 

To this, the counsel appearing for NHIDCL and the Union of India submitted that in terms of the agreement, payment would be made on completion of at least 5% of the entire work but since the Contractor has not completed as required, payment could not be made.

Court’s direction 
The Bench accordingly, noted that almost three months have passed since the matter was taken up, however, the submissions of the NHIDCL, the Authority Engineer and the Contractor suggested that there are a lot to be discussed and settled among the three parties for the progress of the work. 

Taking into account of the fact that Right of Way (RoW) issue has not been resolved and may take some more time, we had directed all concerned to go ahead with the construction of the road from Kigwema to Nagaland border on the existing road and continue with the expansion after the RoW issue is resolved, it said.

The parties shall take forward the project by resolving all issues between themselves, keeping in mind the importance of the road to a population of five million people and the fact that three years had passed since the project was initiated, it added. “Due to unresolved issues, for three years nothing has been done and that has led to the present condition of the road,” it noted. 

The Authority Engineer was given a week’s time to come up with the work-program as directed earlier and be physically present in Court on the next date of hearing on June 1. Further, the Bench directed the parties to resolve all issues among themselves so that the work can progress and come up with a report on the issues resolved on the next hearing. 

In view of the deplorable condition of the road, the Bench reiterated that “all concerned, i.e., the NHIDCL, the Authority Engineer and the Contractor shall do everything under their command to maintain the road so that it is motorable.” 

Earlier on May 18, the Bench was informed that the completion of the 19-km stretch of NH-2 from sub-grade to Bituminous Concrete (BC) road would take about 7-8 months.