Vehicles are seen stuck in traffic along NH-2 Lerie Junction to Mao Gate in this file photo taken in July 2022. (Morung File Photo)
Morung Express News
Dimapur | July 27
The completion of the ongoing National Highway (NH)-2 road construction project from Kohima to Mao Gate would be further delayed, with submissions in the Gauhati High Court indicating that only 40% of the work within the Right-of-Way (RoW) has been completed.
Resuming the hearing of the Public Interest Litigation (PIL) (Suo Motu) on July 26, the contractor (M/S Fortune Groups) filed an affidavit showing the latest progress as 42.22% of the work within the RoW.
The authority engineer also submitted that the physical progress of the work is 41.21%, while the financial progress is 33.16%. The Court had directed both on May 31 to file the affidavits.
After reviewing the submissions, however, the Division Bench of Justice Kakheto Sema and Justice Kardak Ete observed that the progress of the work is "extremely" unsatisfactory.
The Bench, on May 31, had also directed the Union of India on to "immediately take steps for acquisition of the land as provided under Section 3 of the National Highways Act, 1956."
In this regard, the Ministry of Road Transport and Highways, the Managing Director of NHIDCL, and the General Manager of NHIDCL PMU Jakhama also filed an affidavit citing a letter dated May 26, 2023, written by the Executive Director (T) of NHIDCL HQ to the Principal Secretary to the Chief Minister of Nagaland, the Senior PS to the Deputy Chief Minister and Minister-in-charge of National Highways, and the Deputy Secretary to the Chief Secretary of Nagaland.
In the letter, the Executive Director informed that due to the exorbitant rates of damage compensation, the paved shoulder "has been descoped from the present scope of the contract, accordingly the EPC Contractor was directed to construct the road within the existing RoW."
"NHIDCL is of the opinion that in densely populated towns, to avoid relocation/displacement of a large number of people, it is generally beneficial to bypass the town. As stated above, the revised cost compensation for this stretch may not be required," the letter added.
Commenting on the said letter, the Amicus curiae of the case argued that it is still imperative for the Union of India (respondent No. 1) to acquire the land under Section 3 of the National Highways Act, 1956, for the completion of the project.
However, the Court noted that it may not have the "expertise to make a rovering enquiry into what is stated in Clause 5 of the May 26 letter."
Accordingly, listing the matter for further hearing on August 30, the Bench directed the contractor to file a detailed affidavit showing progress of the work. The authority engineer was also tasked with filing a proper affidavit on progress of work done by the contractor.
"It is made clear that if the progress of the work continues to be unsatisfactory, we will consider passing necessary orders against the respondent No. 9 (the contractor)," it added.
It must be noted here that the progress of the construction of the 26.249-kilometer Kohima-Mao Gate has been plagued by persistent issues and another "completion" deadline lapsed on May 31.
In its March 13, 2023 order, the Court had directed the contractor to complete the "NH-2 on the existing road from Kohima to Mao on or before My 30, 2023 without compromising on the quality of work (Clause (C))" based on the latter's assurances. The May 31 deadline was an extension from March 31.
Failure to complete the work as directed would result in the imposition of a penalty on the contractor and the NHIDCL would be directed to issue a show cause notice to the contractor for blacklisting, as stated in Clause (d) of the order.
However, the contractor filed a Special Leave Petition in the Supreme Court on May 12 and obtained a stay on Clause (d) of the March 13 order.
