NH 29 4-LANE PROJECT: Kohima HC Bench fines contractor for slow progress of work

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Morung Express News
Dimapur | May 12

The Kohima Bench of the Gauhati High Court (GHC), on May 11, imposed a token fine of Rs 2 lakh on the contractor of Package-I of the ongoing four-laning of National Highway (NH) 29 between Dimapur and Kohima for slow progress of works.

Earlier on April 20, the Division Bench of Justice Songkhupchung Serto and Justice Nelson Sailo, had directed the contractor of Package- I and II (M/s Ramky-ECI, JV) to complete all works within 15 days, except for the slope protection, to be completed on or before the end of May.

The direction was given after considering submissions made by the Authority Engineer and the counsels for the contractor as well as State respondents.

Hearing the case again on May 11 and and going through the work progress of Package I&II submitted by the Authority Engineer (AE), the Bench, however, observed that the contractor has not met the commitment.

As per the status report, the physical progress of Package I as on May 8 was 95.08% while for Package II, it was 95.78%.

Accordingly, the Bench noted that the PIL (Suo Moto) was taken up in October 2019 when it came to “our knowledge that the project which was to be completed in the month of September 2019 has not been completed, considering the inconveniences and difficulties faced by the commuters.”

“Ever since this PIL was taken up, directions after directions were issued for completion of the project within the timeline given and commitments for compliance were also given by the contractor,” it said.

However, keeping in view the fact that the contractor has failed to keep commitment given on different occasions, the Bench said that “some token fine should be imposed.”

‘Taking all these into account, we deem it necessary to impose a token fine of Rs. 2 Lakh on the contractor of Package-I,’ it added, further giving direction to deposit the amount in the Registry on or before the next date of hearing.

The fine amount shall go to an orphanage in rural areas to be identified by the Registry in consultation with the Social Welfare Department of the State Government, it added.

The contractor in Package-I & II was also directed to file an affidavit of completion of the project while the Authority Engineer was also asked to also file a report to that effect, the Bench added, listing the matter again for hearing on June 8.

Package III timeline extended
Meanwhile on Package III, the Bench on April 20 directed the contractor (M/s OASIS Projects Ltd) to complete the earth-cutting and black-topping of the remaining distance (2.45 km) before the rainy season starts.

However, after going through the affidavit submitted by the AE, it noted that “nothing much has progressed and “there is nil progress as far as earth-cutting is concerned.”

The counsel for the contractor, however, cited unexpected early rain this year as well “little time” taken in remobilising labours “due to security threat.”

The AE also concurred with the counsel, who further submitted that “all the parties involved had a meeting and had set a timeline for the completion of the project by January, 2023.”

Taka Masa, the Amicus Curiae of the PIL, also submitted due to the rain it was “obvious that the contractor may not be able to proceed any further with the black-topping of the two-lanes as directed.”

However, he said that a direction may be given to the contractor to maintain the road and also to continue with the black-topping of the two-lane, provided the weather permits.

Taking into consideration the various submissions, the Bench directed the direct the Managing Director of the OASIS Projects Ltd. to file an affidavit stating that the project would be completed by January 2023 by next date of hearing.

To this end, Justice Serto and Justice Sailo further directed the contractor (Package-III) to maintain the road in good condition and continue with the black-topping of the remaining 2.45 km of the two-lane.

Source: https://morungexpress.com/nh-29-4-lane-project-kohima-hc-bench-fines-contractor-for-slow-progress-of-work

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