NH-2 Project: HC Kohima penalise contractor, issues contempt notice

Cites slow progress of work, wilful disobedience, and negligence, among others

Morung Express News
Kohima | November 19

The Gauhati High Court, on November 17, imposed a fine on the Contractor of the ongoing National Highway (NH)-2 road construction project from Kohima-Mao Gate, besides issuing a contempt of court notice. 

Slow progress of work, wilful disobedience of directives and negligence, commitment failures were some of the reasons cited by the division Bench comprising of Justices Songkhupchung Serto and Justice Kakheto Sema, while passing its order resuming the hearing of a suo moto Public Interest Litigation (PIL) concerning the project.

“We deem it fit that by now the Contractor should pay cost amounting to at least Rs. 10 lakhs,” stated the order.

With several deadlines being missed, the Bench also observed that the Contractor appears to have taken the Court “for granted and has deliberately forgotten the commitments, promises and undertakings made.” 

“Taking all these into consideration we are of the prima facie view that the Contractor has committed contempt of this Court,” it added, but gave the Contractor (Fortune Group) a “chance of being heard” as to why any order to that effect should not be passed and appropriate punishment under the law should also not be imposed.

Background 
During the Thursday hearing, the Bench noted that the contract agreement for the project was signed on October 7, 2020. The work should have started on October 20, 2020 and completed by April 22, 2022.

However, as the work on the ground did not get started, the Court took up the matter on Suo Moto on April 2, 2022.
During the process of the hearing, the NHIDCL and the Contractor were directed to work-out a work plan including the timelines for completion of the whole project.

Accordingly, the Authority Engineer in consultation with the Contractor filed an affidavit on June 1, 2022, giving the timelines for completion of each section of the road and the time for final completion by March 2023. 

The Contractor also filed an affidavit on August 3, 2022 also submitted a timeline for completion of the project showing 10 % of the work by 10.08.2022; 35% by 27.10.2022; 70% by 14.01.2023; and completion of the whole project by 02.03.2023.

“We accepted the timeline given by the Authority Engineer and the Contractor considering the prevailing ground realities,” the Bench noted. 

Several lapses 
During the last hearing on October 19, the Contractor was given certain directions for completion of the work within the timeline given and deploy at least 150 labourers and sufficient machineries to meet the target for completion of 51% of the work by November 2022. 

However, the Bench observed that as per an affidavit filed by the Authority Engineer and the NHIDCL on November 11, the number of machineries and skilled labours deployed are far lesser than directed. 

Besides, only 16.11% of the work has been completed not as per the timeline given by the Contractor on August 3, it said. 

While the Contractor has placed a chart showing the progress of the work, it is little different from those given by the NHIDCL and the Authority Engineer, the Bench added. 

Accordingly, the Bench said that besides being a NH, it is road used by the people who are settled along the same.

For the last 4 to 5 years, they have been compelled to work in the mud and sludge during the rainy season and literally made to eat the dust in winter, it added. 

Therefore, it is causing inconveniences as well as health hazards to the people and Court was compelled to take up the issue in the interest of the public, the Bench pointed out, stressing that the current PIL was not an “adverserial litigation.”

In this connection, the Bench said that it has always taken the submissions of the parties involved with trust and confidence, but noted the Contractor appear to have taken the Court for granted.

It also noted the reports of Southern Angami Area-based organisations voluntarily repairing the road by taking out their own machineries, workforce and materials at least on two occasions. 

The latest was undertaken on October 26. 

This kind of events should have awakened the conscience of the parties involved particularly, the Contractor, but it appears that no maintenance work has been done and not much progress has been made on the construction and repairing even despite the directions given by this Court and the assurance by the former, the Bench said.

It also highlighted that the rain has stopped since the first week of November and keeping the importance of the road, sufferings of the people and timelines given, work should have started on “war footing from sunrise to sunset.”

“But there seems to be no change in the attitude of the Contractor as reflected by the slow progress on the ground,” it added. 

Rs 10 lakh penalty 
Accordingly, the Bench prima facie viewed the same as ‘contempt of Court’ and imposed the fine of at least Rs 10 lakh. 
As per the Court’s order, the amount should be deposited in the Registry on or before the next date of hearing. 

“The Engineer-in-Chief, National Highway shall assess the amount spent by the organisations mentioned above and reimburse the same out of this Rs 10 lakhs and if any amount out of it is left, the same should be deposited into the account of the Nagaland State Legal Services Authority for spreading legal awareness,” it added. 

The Contractor was also directed ensure that the machineries, materials and the workforce as required are mobilised on the ground within a week from November 17 and file a compliance affidavit.

Listing the matter again for hearing on November 28, the Authority Engineer and NHIDCL were also directed a file affidavit showing the progress of the work, while the Additional Advocate General was also come to instructed on the land acquisition issue during the next hearing. 

Source: https://morungexpress.com/nh-2-project-hc-kohima-penalise-contractor-issues-contempt-notice