Meluri Road Projects: HC Kohima Bench orders contractor’s appearance, imposes penalty

July 25, 2024 8 Views No Comment

Morung Express New
Kohima | July 25

The Gauhati High Court Kohima Bench (GHCKB) has ordered the personal appearance of the contractor after the latter failed to adhere to a deadline and sought another extension for the completion of two road projects under the Meluri division of Phek district.

The Court also imposed a cost of Rs 20,000 on the contractor (M/S Rhino Construction and Agency), to be deposited before the HC Registry Court within three days from Wednesday, during a hearing of an Interlocutory Application (IA) related with a Public Interest Litigation (PIL) concerning the construction of roads from Lephori to Molhe (26Kms) and Akhen to Star Lake (15Kms) within Meluri division.

During the July 24 hearing, the Division Bench of Justice Kakheto Sema and Justice Budi Habung noted that an order passed by the Court on June 14 to IA stated that if the construction of the concerned road was not completed by June 30, the contractor would be liable for contempt of court.

In the application, contractor had also sought additional time until December 31, 2024 to complete the road construction.
The counsel for the contractor cited “changed circumstances in completing the construction of the road” as the reason for seeking the extension.

However, considering the June 14 order, the Bench deemed it appropriate to require the personal appearance of the contractor before the court to explain why an extension of time is necessary.

“Only thereafter, if this Court finds that the reason given by the Contractor is justified for granting an extension of time, appropriate order(s) will be passed,” stated the order issued by the Division Bench on July 24.

Accordingly, the contractor was directed to appear physically before the Court on July 31, the next scheduled hearing date.
The contractor was also instructed to deposit Rs 20,000 in favour of the High Court Legal Services Committee with a proper receipt.

During the hearing on Wednesday, the counsel for the petitioners charged both the contractor and the State respondents of misleading the Court with multiple excuses and extensions, despite no tangible progress on the ground.

He contended that considerable time has passed since the PIL was filed in 2020, and the road should have been completed by now.

One of the judges noted orally that appropriate action would be taken against the contractor and even state government officers if they are found to be acting against public interest.

According to the first order issued in the PIL on November 12, 2020, the petitioners alleged that Rs 30 crore was sanctioned in 2014 for the construction of the road between Lephori to Molhe in Phek district, with a completion certificate issued on 21/1/2014, although the work has not been completed yet.

“It is also alleged that in 2017 additional funds of Rs 15 crore were sanctioned for the same road, and in 2018, the same amount was sanctioned for the same purpose, but no road worth mentioning has been constructed so far.”

During the hearings and as directed by the Court, the Nagaland Government informed that action has been taken against the Executive Engineer, PWD (R&B), Phek Division, who allegedly issued a false completion certificate in January 2014.

According to the Court’s record, an action taken report was filed on April 25, 2023, but neither the Court’s order nor the oral proceedings on April 26 elaborated on the type or extent of action taken by the state government.

It was only on May 17, 2023, that the Additional Advocate General representing the Government of Nagaland orally submitted that the concerned engineer was ‘punished’ by withholding a one-year annual increment.

Meanwhile, during the June 14, 2024 hearing, after inquiring about the quantum of action taken against the engineer, Chief Justice of Gauhati High Court Vijay Bishnoi expressed surprise at the apparent leniency and sarcastically commented, “Great.”