Gauhati High Court directs to go ahead with construction of road from Kigwema to Nagaland

The Gauhati High court recently directed all concerned authorities to go ahead with the construction of the road from Kigwema to the Border of Nagaland on the existing road and continue with the expansion after the RoW (Right Of Way) issue is resolved.

The Kohima Bench of Justice Songkhupchung Serto and Justice Kakheto Sema heard a Suo Moto Public Interest Litigation (PIL) on the issue of incompletion of the National Highway 02 between Dimapur and Imphal.

In the report submitted by A. Zhimomi, the  Amicus Curiae it is stated as follows:

”1. The contract has been split into two parts. The first part is the overlay section from Lerie to Kigwema and the reconstruction section is from Kigwema to Mao. 
2. The overlay section is yet to be fully completed. In some portions the bituminous concrete is yet to be laid. In this stretch, though work has been done by the Contractor, many potholes are beginning to appear. 
3. From Kigwema up to Mao, the existing road is in pitiable condition. Potholes of different sizes dot the entire stretch of the road. Clogged drains and/or lack of drainage, has resulted in waterlogging in the potholes and also on some stretches of the road. 
a. The condition of the road from Kigwema to Mao needs to be urgently addressed. 
b. I have requested the Authority Engineer and the Contractor to take urgent and immediate steps to maintain the existing road. Maintenance to the extent of filling up the potholes and declogging the drains and/or constructing drainage so as to prevent waterlogging on the road. Maintenance of the existing road is a part of the contract. Therefore, the Authority and the Contractor are mandated to take the necessary steps in this regard. 
c. The pot holes of different sizes and depths, waterlogged areas, make for a hazardous and perilous trip for commuters. The discomfort is also 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.”

Joshua Sheqi,  counsel who appeared  for the contractor submitted  that the Contractor is unable to make much progress since no payment has been made for the maintenance work so far done.

Moa Jamir, counsel  for National Highways and Infrastructure Development Corporation (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.

While considering the submission the Bench observed that in view of the deplorable condition of the road, this Court was compelled to take up this PIL in public interest. Almost three months has passed since the matter was taken up but it appears from the submissions of the NHIDCL, the Authority Engineer and the Contractor that there are a lot to be discussed and settled between themselves for the progress of the work.

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

The Bench further directed that  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.

“Due to unresolved issues, for three years nothing has been done and that has led to the present condition of the road.”

The Bench gave Authority Engineer  a week’s time to come up with the work-program as directed earlier and be physically present in Court along with it on the next date. He shall also file a progress report before the next date. Further, as stated above, the Court clarified that parties shall resolve all issues among themselves so that the work can progress. They shall come up with a report on the next date of the issues resolved.

In view of the deplorable condition of the road, the High Court  reiterates once again 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.

Matter is listed on 01.06.2022 for further hearing.

It is Pertinent to note that the High Court on March 02 , took Suo Moto cognizance of the matter. The Court observed that :-

“As one travels on the National Highway No. 2 between Dimapur and Imphal, one wonders as to whether this is a real National Highway which is also suppose to be Trans Asia highway connecting India with other South Asian countries as envisage in the Look East Policy, which has been renamed as Act East Policy. This highway is meant to play an important role when it comes to connectivity and trade and commerce not only for this part of the country but for the whole country. But nothing much has happened on this highway except the ongoing 4 lane construction between Dimapur and Kohima and repairing of the existing 2 lanes on the Manipur side though 15 to 20 years has passed by since the policy was announced. In fact, between Kohima to Mao i.e Manipur border town, the condition of the highway has gone from bad to worse therefore, commuters have to literally negotiate between potholes which are big and deep making it very difficult to travel. For the last 6 years, this stretch of the highway has not been maintained and in fact nothing much has been done to make it even travel worthy. It looks as if there is nobody responsible for it. It cannot be worse than this. As such, unless it is immediately repaired, before the coming monsoon, the only highway that connects 5 to 6 million people of the State of Manipur and Nagaland and the so called National Highway/Trans Asia highway will have to be closed due to its deplorable condition.

Good roads does not only bring development at faster pace but also brings people together which helps in building and strengthening national integration and besides, it also saves vehicles from wear and tears, save time, fuel and health of the people but this simple truths seems to have missed consideration of the people who are in charge of the same. We are proud as Indians that we have highways which are as good as in other advanced countries and wherein even war planes can land and take off. We wish that at least some attention is given to other National Highways like the National Highway No.2 also because that will make a difference in the life of people in the North East India. A number of Trans Asia motor rallies have been held along this National Highway, and we must not forget that this is the first highway people of South Asian countries will see as they enter India from the East. Therefore, it is a matter of prestige also for our country, to maintain this Highway.

The price of commodities in the State of Manipur and Nagaland are much higher than that of Guwahati because the transporters charged exorbitant transportation charges and one of the reasons for doing so is because of the poor condition of this Highway. The importance this highway holds in the day-to-day life of 5 to 6 million people seems to have escaped the view or attention of people who are in charge is the general feeling of the people who travel on it.”

The post Gauhati High Court directs to go ahead with construction of road from Kigwema to Nagaland appeared first on India Legal.

from India Legal https://ift.tt/bPJ91uW