Himachal Pradesh High Court
Unknown vs 2.2017 Present: Mr. Ankush Dass Sood on 1 December, 2017
Bench: Sanjay Karol, Ajay Mohan Goel
CWPIL No. 268 of 2017.
01.12.2017 Present: Mr. Ankush Dass Sood, Sr. Advocate with Mr. Arjun K. Lall, Advocate as Amicus Curiae.
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Mr. Desh Raj Thakur, Central Government Standing Counsel for respondent No.1.
Mr. Anup Rattan, Addl. Advocate General for respondent-State.
Mr. Anup Rattan, learned Additional Advocate General, under instructions, from Mr. B.K. Sharma, Chief Engineer, (NH), HP PWD, Shimla-1 has handed over the status report of finalization of consultants in preparation of DPRs which reads as under:-
"Status of finalization of consultant in preparation of DPRs of "In Principle"
declared National Highways in the state of Himachal Pradesh. Total in principle declared National Highways 69 Total number of roads in which the work of 8 consultancy already awarded for preparation of Seven already awarded feasibility study and DPR for National Highways and 8th case awarded to upon approval of ministry (MORTH). M/s Sowil India ltd. on 29.11.2017 Total number of roads upon finalization of 24 technical, financial and tender based estimate 22 already sent and two completed and sent to ministry (MORTH). cases sent to ministry on 29.11.2017 Total number of roads in which tenders called 18 and are in its evaluation stage which are likely to be finalized and to be sent to Govt. of India by 5.12.2017 Tenders invited but yet to be finalized 9+3=12 Road to be constructed by other agency i.e. 7 NHIDCL 4nos BRO 1nos Already constructed by HPRIDC 2nos Total 69 Mr. Anup Rattan further states that work of preparation of DPR reports stands awarded to (1) M/s EXPLORER Consultancy Services Pvt. Ltd. Plot No.3, First Floor Sector 18 Serhaul Hurugrum Haryana 122001. India; (2) ::: Downloaded on - 02/12/2017 23:08:02 :::HCHP :2: M/s WAPCOS Ltd., 7th Floor "Kailash", 26 Kasturba Gandhi Marg New Delhi 110001 India; (3) M/s Sowil Ltd., D-157, .
Sector-7, Noida 201301 India; (4) M/s RITES Ltd., RITES Bhawan 4th Floor-HW Plot No.1 Sector 29 Gurugram Haryana 122001; and (5) M/s STUP Consultations Pvt. Ltd. 1112, Vishal Tower, Distt. Centre Tankpuri, New Delhi 110058 India. As such, we implead them as party respondents No. 5 to 9. Service upon the aforesaid respondents be effected through respondent No.4.
Insofar as 24 cases which are pending consideration with respondent No.1 are concerned, Mr. Desh Raj Thakur learned counsel states that necessary action shall positively be taken within a period of one week. We clarify that if needful is not done within the above mentioned period, then Chief Engineer, Zone-II, Ministry of Road and Transport shall personally remain present in Court.
As far as 18 roads in which tenders are called for are concerned, Mr. Anup Rattan, under instructions, states that the same are in the stage of evaluation, which is likely to be finalized and sent to the Government of India by 5th December, 2017.
We direct the State to do the needful by 5th December, 2017 positively. Mr. Desh Raj Thakur states that cases so received from the State shall positively be processed ::: Downloaded on - 02/12/2017 23:08:02 :::HCHP :3: within two weeks thereafter. Mr. Anup Rattan states that cases shall be sent through a special messenger. We direct respondent .
No.4 to file his personal affidavit indicating the names of successful bidders.
Insofar as tenders of 12 roads are concerned, Mr. Anup Rattan informs us that as far as 9 out of 12 roads are concerned, process qua finalization of tenders also stand taken and the same shall be completed within 30 days and thereafter the cases shall be sent to respondent No.1 for approval. We direct respondent-State to positively do the needful within a period of 30 days from today. Mr. Desh Raj Thakur states that cases so received from the State shall positively be processed within two weeks thereafter.
With regard to remaining three cases, Mr. Anup Rattan informs us that the entire process shall be completed within a period of 45 days from the date of issuance of notice inviting tender and thereafter the cases shall be sent to respondent No.1 for approval. We direct the State to forthwith issue notice qua inviting tenders and complete the entire process within 45 days thereafter. Mr. Desh Raj Thakur states that cases so received from the State shall positively be processed within two weeks thereafter.
::: Downloaded on - 02/12/2017 23:08:02 :::HCHP :4:We request Mr. Ankus Dass Sood, learned Senior Counsel and Mr. Arjun K. Lall, Advocate to assist the Court as .
Amicus Curiae.
List on 8.12.2017, on which date respondents shall file affidavits in this regard.
(Sanjay Karol)
Acting Chief Justice
1st December, 2017
(Guleria)
to (Ajay Mohan Goel)
Judge
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