Meluri Road Projects: Now contractor blames ‘Revised Working Estimates’ for delay; gets HC’s reprieve

August 8, 2024 11 Views No Comment

Court extends work completion deadline to December 31

Kohima, August 8 (MExN): The contractor for two road projects under the Meluri division of Phek district today attributed the delay in completion of works to “Revised Working Estimates” by the PWD(R&B) Phek Division.

The projects are the construction of the road from Lephory to Molhe (26 kms) and from Akhen to Star Lake (15 kms), for which the original work orders were issued in 2011.

Appearing personally as directed by the Court, before the Division Bench of Gauhati High Court Kohima Bench comprising Justice Kakheto Sema and Justice Mitali Thakuria on August 7, the proprietor of M/S Rhino Construction and Agency (the contractor) claimed that while he tried “his best” to comply with the Court’s June 14, 2024 order to complete the construction by June 30, the works could not be completed within the time bound due to “change of circumstances.”

The change of circumstances referred to “Revised Working Estimates” for the two works projects by PWD(R&B) Phek Division in 2023, deviating from the actual 2011 detailed project report (DPR), he stated while hearing an interlocutory application related to a public interest litigation (PIL).

“After the revision, the nature of work is completely changed from culvert to soling and metalling for about 24 kms (approximately) between Kanajang Village – Akhen, Akhen-Molhe, Molhe-Star Lake,” the contractor claimed.

He also pointed out that works “included in the DPR in 2011 were not workable and as such, the department was compelled to change the works as mentioned above.”

“On careful inspection, the department realized that the road in question was in its worst condition affecting the safety of the villagers” and it was one of the factors why the old DPR was changed, he added.

Thus, the contractor contended that the delay was due to this change of circumstances and not wilful disobedience. He also claimed that the “Revised Working Estimates” was handed over to him only in the month of May 2024.

He also stressed that the amount mentioned in the 2011 estimate has not been increased even in the new 2023 estimates and instead of possible financial benefit, the change in work has imposed an additional burden on him.

During the proceedings on Wednesday, the counsel for the petitioners alleged ‘connivance’ between the contractor and the concerned department regarding the revised estimates; however, the Court did not deal with those aspects. There were also counter allegations by the contractor against the petitioners, which the counsel stated had been answered in their rejoinder affidavit.

Meanwhile, based on the contractor’s submission, the Bench noted that under normal circumstances, no time should have been granted to the contractor and the June 14 order should have been enforced, making him liable for contempt of Court.

However, considering that the State respondents had come up with revised working estimates and further considering the benefit construction of the said roads for the people, the Court granted a further extension of deadline for completion to December 31.

The Court also made it “abundantly clear” that if the construction of the road is not completed within the new timeline, the June 14 order would be enforced, making the contractor “liable for contempt.”

It further stated that if the work is not completed within the time stipulated, it would be constrained to “direct enquiry/investigation by an independent agency as to why the road still remains incomplete, and the reasons/cause for the same and the persons/officials, if any, responsible for the same.”

The Executive Engineer, PWD (R&B), Phek Division was also directed to monitor the construction of the road on a weekly basis and submit the Weekly Monitored Report to the Court through the Additional Accountant General Nagaland during the next hearing.

The Engineer-in-Chief, NPWD, Nagaland, Kohima was also directed to instruct the Executive Engineer, PWD (R&B), Phek Division, Phek, Nagaland, to strictly monitor the work as directed by the Court in the order.

The Court listed the next hearing of the case for January 25, 2025.

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.”