NH-2 project: HC fines contractor for ‘abysmal’ progress of work

September 8, 2023 15 Views No Comment

Morung Express News
Kohima | September 8

The Gauhati High Court, Kohima Bench, on September 6, imposed a fine of Rs 50,000 on the contractor of the ongoing National Highway (NH)-2 road construction project from Kohima to Mao Gate, citing abysmal progress of work.

Resuming the hearing of the Public Interest Litigation (Suo Motu) on Wednesday, the Court imposed the penalty after observing that there was not much difference between the status of work submitted on July 26 and September 3 by the contractor (M/S Fortune Groups).

On July 26, the progress of the work was shown to be 42.22% within the Right-of-Way (RoW), and accordingly, the Court had directed the contractor to file a detailed affidavit showing the progress during the next hearing.

“It is made clear that if the progress of the work continues to be unsatisfactory, we will consider passing necessary orders against the respondent No.9 (the contractor),” the Court then stated.

However, the affidavit submitted by the contractor reflected the progress of the work was just 43.91% as of September 3.

Further, the affidavit (dated 06.09.2023) filed by the Authority Engineer (Team Leader CEMOSA) of the project also showed the work progress at 42.13% and financial progress at 39.26%.

Upon perusal of the affidavits, the Division Bench of Justice Kakheto Sema and Justice Kardak Ete stated that the progress of the work is abysmal and there was practically no improvement.

It further observed that the contractor has been “very casual in carrying out the orders passed” by the Court and noted that the irresponsibility displayed by the former in carrying out such an important project has also seriously affected public interest.

Accordingly, the Court imposed a cost of Rs 50,000 on the contractor, considering that the “progress of the work was negligible and not satisfactory at all.”

The amount must be deposited in favour of the Gauhati High Court, Kohima Bench Legal Service Committee, through the Registry of Kohima Bench within a period of 15 days from September 6, it directed.

Listing the matter for further hearing on October 18, the Court once again directed the contractor and the Authority Engineer to file detailed affidavits on the progress of the work within the RoW.

“It is made clear that if the progress of the work continues to be poor, this Court shall not hesitate to pass necessary orders,” it added.

It must be noted here that the progress of the construction of the 26.249-kilometer Kohima-Mao Gate has been plagued by persistent issues, and another “completion” deadline lapsed on May 31 last.

In its March 13, 2023 order, the Court had directed the contractor to complete the project on or before May. The deadline was an extension from March 31.

However, the contractor filed a Special Leave Petition in the Supreme Court on May 12 and obtained a stay on Clause (d) of the March 13 order.