• Contractor ‘abandons’ package II
• Package I & II to be completed by November 30
Morung Express News
Dimapur/Kohima | September 29
The Guwahati High Court, Kohima Bench, on September 28, has directed the NHIDCL authorities “not to release any pending dues including the Bank Guarantee” to contractor of Package-III of the ongoing National Highway 29 four-lane construction “without the leave of this Court.”
Among others, the Division Bench of Justices LS Jamir and Songkhupchung Serto issued the direction noting no completion of work within stipulated time and abandonment of work by the contractor (M/s Oasis Techno Construction Limited).
Further, for “lackadaisical, irresponsible behavior as well as making deliberate false promises on oath before” the Court, the Bench also directed the contractor to liquidate 10% of the total contract amount (Rs 111.19 Crore) to the National Highways and Infrastructure Development Corporation (NHIDCL) authorities within a period of one month from September 29.
Resuming a PIL (Sou Motu) on the ongoing construction works for four-lanning of Dimapur to Kohima, the Bench took observed that work-order (new) with regard to Package- III was issued as early as on September 1, for an amount of Rs. 111.19 crore and the time stipulation to complete the work was within 12 months.
“However, nothing has been done and from the various affidavits filed by the Authority Engineer we have seen that the respondent No. 12 (the contractor) is not serious for execution of the work with regard to Package-III,” it noted.
Further, the abandonment of the work was confirmed by the Director of M/s Oasis Techno Construction Limited before the Bench on the Tuesday hearing.
Accordingly, the Bench said it was “constrained to pass a direction” withholding the pending dues “without the leave of this Court.”
Meanwhile, with the Authority Engineer’s progress report on September 28, informing that a new contractor, (M/S T Tachu & Co.) have been appointed to look over to look after the maintenance and safety works of Package-III in view of the emergent situation that has been created by the previous contractor, the latter was also impleaded in the ongoing PIL.
The Bench also directed the Authority Engineer as well as the authorities of the NHIDCL and the newly appointed Contractor, to maintain the road under Package-III so that the commuters do not face any difficulties or inconveniences.
The Director of M/s Oasis Techno Construction also submitted that three of its Directors in took a collective decision with regard to all projects. Accordingly, the Bench directed all the three Directors to be present in Court on the next returnable date to enable the Court to pass appropriate orders.
With regard to the permissible tonnage of heavy vehicles plying within the Package-I, II & III, appropriate orders will be passed in the presence of the State authorities on the next date, it added, listing the matter for hearing again on October 12.
It must be noted here that Package-III covers Piphema to Jotsoma stretch.
Package I & II
On the issue of Package I and II, the Authority Engineer filed a Progress Report, in compliance of an earlier Court’s order on September 20, informing that 96.756% physical progress and 94.14% financial progress have been achieved for Package I as of September 27. For Package II, it was 97.276% and 95.94% respectively.
The Project Manager of Package I & II also informed the contractor (M/S RAMKY-ECI -JV) could not complete the work within the stipulated time but is taking all steps for completion both packages at the earliest, i.e., on or before 30.11.2022 without fail.
However, due to certain intricacies, site related constraints and sustained ‘force majeurie’ events as well as pendency of payments for the works done, the contractor was unable to complete the work on time, he submitted.
However, he submitted that if the concerned District Administration and Police are directed to give appropriate protection, the contractor will complete the work on or before November 30.
Taking the submission into consideration, the Bench directed the contractor complete the Package I & II on or before November 30.
It further directed the Deputy Commissioner, Chümoukedima as well as the concerned Police Authorities to take up “immediate steps to prevent any hindrance” to the contractor for completion of Package I & II and to ensure timely completion.
In the meantime, the NHIDCL authorities are also directed not to make any further payment to the contractor without the leave of the Court, it added.
Angami Public Organisation expresses utmost discontentment
Meanwhile, the Angami Public Organisation (APO) has expressed its utmost discontentment over the “snail-paced progress” of the ongoing construction of the 4-Lane NH-29 from Dimapur to Kohima.
The deplorable condition of the road especially from Piphema to Jotsoma (Package-III) has become a hazardous stretch endangering the lives of all the commuters and regularly inconveniencing vehicular traffic, stated APO in a press release issued by its President Razouvotuo Chatsu and Assistant General Secretary, Lhousito Khro.
It is a matter of serious concern that despite claiming to have engaged multiple contracting firms, there is no sign of progress and the condition of the road has only worsened further with the onslaught of monsoon, it said.
Accordingly, in the interest of general public's safety, the APO is compelled to question the sincerity and competency of NHIDCL and also the contracting firms engaged for the project especially the stretch Package-III, it added.
“With the patience of the public running thin further delay of the works on flimsical grounds will only invite hostility, it is high time NHIDCL commit the completion of the project as per schedule, it added.
With the ending of Monsoon, the NHIDCL must make all efforts to expedite the completion of the vital road project, it added.
Besides serving as lifeline of for Nagaland and Manipur, with festive season approaching, which also attracts thousands of tourists to the State, it is a crucial time to consider the stakes at hand and the NHIDCL must make all out efforts to complete the project without further delay, the APO added.
The organisation further asked the State Government to “aggressively negotiate and to take the NHIDCL and Concern contracting company to task since the patience of the daily commuters in particular and the Naga public in general is running high making sufficient rooms to equally blame that they are part and parcel.”
It further requested the State Government to strongly support the recent representation of the Southern Angami Public Organisation to the Union Finance Minister during her visit to the Nagaland for development of the package-I, NH-39 (now NH-2/A-1) length — 26.79 km from Lerie — CHN 185.540 — Nagaland Manipur Boundary.
This particular stretch of NH although just a fraction of length occupies a vital route that connects two states and beyond for trade and commerce,. Unless this area is taken on board with others at the same time and standard at par with any other NH of the country, the idea as conceived by the Government of India’s Act East Policy will only remain at distant dream, it pointed out.
Considering the fact that NH between Kohima to Mao Gate serves as one of the main arteries of trade and commerce and transport for development of two neighbouring states, we appeal to both the state government to earnestly request the central government and the concern ministry to accord top priority to SAPO's appeal, the APO added..
Stating that APO as the apex body of the Angami tribe where the NH passes through, is prepared to render any logistic support for unhindered progress of the work; it further called upon the NHIDCL to “reveal any disturbances caused by the public of the area or for that matter any organisation or group responsible for slow pace of development.”
“The APO is always ready to exercise its influence to remove such lacunae for timely completion of the project,” it maintained.
On the other hand, if NHIDCL or concerned contractor or company are found “intentionally slowing the work progress under flimsy excuses to buy time for their personal gain,” the APO shall seriously dealt with such nefarious designs through litigation and any other option available at its disposal, it added.
