Patna High Court - Orders
Vipin Kumar (Nh-30-Patna Bakhtiyarpur ... vs The Union Of India on 12 September, 2022
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3022 of 2022
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Vipin Kumar (NH-30-Patna Bakhtiyarpur section on BOT (Toll))
... ... Petitioner/s
Versus
The Union of India & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. P.K. Shahi, Amicus Curiae
Mr.Vipin Kumar ( In Person)
For the State : Mr. Anjani Kumar, AAG-4
Mr. Alok Kumar Rahi, AC to AAG-4
For the UOI : Mr. Kumar Priya Ranjan, C.G.C.
For NHAI : Dr. K.N.Singh, A.S.G.
Dr. Maurya Vijay Chandra, Advocate
Mr. Devansh Shankar Singh, JC to A.S.G.
Mr. Gaurav Govinda, Advocate
Mr. Rishav Ranjan, Advocate
Mr. Sriram Krishna, JC to A.S.G.
Ms. Anjali Kumari, Advocate.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 12-09-2022A two member Committee, comprising of experts, namely Shri A.K. Yadav and Shri Badri Vishal Tripathi, stands constituted by N.H.A.I. for monitoring 40 projects in relation to which construction is being carried out within the State of Bihar. The scope of the Committee is as Under:
"Para-8:
Patna High Court CWJC No.3022 of 2022(3) dt.12-09-2022 2/5 i. Review of work plan and work program of the projects.
ii. Works Progress- Target/Achievement iii. Bottlenecks impending the project and possible resolution identifying the key stakeholder iv. Quality aspects vis-a-vis contractual provision. v. Road Safety and maintenance during construction etc."
The instant case i.e. C.W.J.C. No. 3022 of 2022, pertains to the Patna Bakhtiyarpur section on BOT (Toll).
Members of the Committee are impleaded as party respondents. Registry to make necessary correction in the cause title, both on the digital as well as physical files.
Dr. Maurya Vijay Chandra, learned counsel for N.H.A.I., states that he shall apprise the members of the passing of the order; supply a copy thereof; also apprise them of their right to be represented through a learned counsel.
As per the supplementary counter affidavit dated 07.09.2022, filed by Shri Sadre Alam, Chief General Manager, Technical-cum-Regional Officer, N.H.A.I. in C.W.J.C. No. 3165 of 2022, the particulars of the instant case stands furnished as under:
Patna High Court CWJC No.3022 of 2022(3) dt.12-09-2022 3/5 S. Name of Length Appoi Schedule/Lik Physical Physical Case No. Issues involved No. project (in Km) nted ely date of Progress Progress in this case Date completion (%)/Leng (5)/Lengt th h complete Complete d as on d (as on 02.02.20 25.07.20 22 22)
42. 4L Patna- 50.45 26.09. 24.03.2014 99.78%/ CWJC No issue Bakhtiyarpur 2011 50.45 8375/2021 CWJC 3022/2022 Shri Anjani Kumar, learned AAG-4, seriously disputes the status qua the issues identified by the deponent.
Let the details of all pending issues be exchanged inter se the parties.
Dr. Maurya states that Mr. Sadre Alam shall furnish the details of the land which is yet required to be acquired; particulars of the amount yet to be disbursed; the land of which possession has yet not been handed over to N.H.A.I. and identification and removal of encroachments, if any.
As prayed for, needful be positively done within a period of two weeks from today.
Shri Anjani Kumar, learned AAG-4, states that on receipt of such information, the District Magistrate of the concerned district shall convene a meeting of high officials Patna High Court CWJC No.3022 of 2022(3) dt.12-09-2022 4/5 under his Chairmanship within a period of one week, in which, in any case the concerned Sr. S.P., the Circle Officer and the D.L.O. shall remain present. After identifying the issues, if any, necessary consequential action shall be taken within a further period of two weeks. Statement accepted and taken on record.
Let the concerned District Magistrate and the Project Manager, N.H.A.I. file their affidavits indicating the latest status with regard to the construction of the road in question.
List on 7th November, 2022.
Since this Court has been continuously monitoring the progress of the project, it would only be in the interest of justice that the Court interacts with the members of the Committee. For such purpose, list the matter on 20 th September, 2022.
We expect the Expert Committee to submit a status report in a tabulated form after carrying out the initial review of the progress of the work.
Needless to add, the affidavit submitted by Mr. Sadre Alam on behalf of of respondent Nos. 2, 3 and 10 in Patna High Court CWJC No.3022 of 2022(3) dt.12-09-2022 5/5 C.W.J.C. No. 3165 of 2022, shall be made available to the members of the Committee.
(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U