Patna High Court - Orders
The National Highway Projects In The ... vs The State Of Bihar on 22 March, 2021
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8900 of 2020
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The National Highway Projects in the state of Bihar
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
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Appearance :
Appearance :
For the Petitioner/s :
For the State of Bihar : Mr. Anjani Kumar, AAG-4
Mr. Pawan Kumar, AC to AG
For the Union of India : Dr. K.N.Singh, ASG
Mr. Kumar Priya Ranjan, Advocate
For NHAI : Mr. S.D.Sanjay, Sr. Advocate
Mr. Anshay Bahadur Mathur, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 22-03-2021This is in continuation of our earlier orders passed in the present petition as also different orders passed in CWJC No.19592 of 2018, titled as Gaurav Kumar Singh Vs. The Chief Secretary, Government of Bihar & Ors.; CWJC No.8032 of 2021, titled as National Highway No.80 (Munger to Mirza Chowki) Vs. The State of Bihar & Ors. and also CWJC No.8093 of 2019 titled as Pratijnya, Social Organisation Vs. Union of India & Ors. (Order dated 06.03.2020; 16.09.2020; and 17.02.2021).
So as to avoid repetition of facts, we deem it appropriate to reproduce two orders passed in these petitions. Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 2/16 In CWJC No.8093 of 2019 (supra), on 06.03.2020, we had passed the following order:-
"From the affidavits dated 05.03.2020 (7 th supplementary counter affidavit), sworn by Sri Rana Prbhas Chandra, Executive Engineer, NH Division, Gaya, which is in compliance of our earlier order dated 28 th February, 2020, it appears that the issue with regard to the settlement of the market value of the lands pertaining to Mouza Saren, District Jehanabad, now stands resolved. Sl.No. 15(a) (page 12) of the affidavit, indicates that the market value, which, according to the State, is just, fair and reasonable, stands determined on re-examination and, as we are now informed by the learned Additional Solicitor General, as instructed by Colonel Chandan Vats, Regional Officer, National Highway Authority of India, Patna, stands accepted by the National Highway Authority of India.
He further states that within four working days the amount towards the compensation shall be remitted by National Highway Authority of India into the account of land acquisition authorities of Jehanabad. Sri Vivek Kumar Singh, Additional Chief Secretary, Revenue and Land Reforms Department, states that upon receipt of the said amount, the compensation amount shall be disbursed to the rightful owners/claimants immediately under the provisions of the National Highway Authority of India Act. The timeline prescribed therein shall be adhered to strictly. Sri Kumar states that with the disbursement of the undisputed amount to the rightful claimants, the Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 3/16 possession of the acquired land shall be handed over, free from all encumbrances, and after demarcation, to the National Highway Authority of India. This shall be done within one month from today.
Position is the same with regard to Kodihara reflected at Sl.No. 6(c) (Page No. 9) of the affidavit.
We find that the issue with regard to fixation of market price with respect to village Pakri still remains unresolved. We are informed that the State has already constituted a high level committee, as envisaged under a Circular issued by the Revenue Department. We are of the considered view that the Committee needs to be expanded inasmuch as there is no representation on behalf of Government of India/ National Highway Authority of India, who, in fact, have to make payment.
As such, we direct that the three persons i.e. Sri R.P. Singh, Regional Officer, Ministry of Road Transport & Highways, Colonel Chandan Vats, Regional Officer, National Highway Authority of India, and Sri P.R. Pandey, Project Director, Gaya, shall be part of the Committee.
Let the Committee immediately undertake the exercise of determining the market value which is just, fair and reasonable and submit its report on or before 17.03.2020, the time which is sought by the committee itself.
We are hopeful that the members of the Committee would be able to have the issues resolved.
From the affidavit filed by Sri Vikas Kumar Singh, Additional Chief Secretary, it is clear that, in the State of Bihar, there are 29 National Highways Projects given in a Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 4/16 tabulated form hereinunder:
Sl.No. Name of the Project Concerned Districts 1 N.H. 527 C (Majhauli - Muzaffarpur, Sitamarhi, Darbhanga - Choraut) Madhubani, Darbhanga 2 N.H. 80 (Munger-Mirzachauki) Bhagalpur, Munger 3 N.H. 83 (Patna - Gaya - Dobhi Jehanabad, Gaya, Patna Division) 4 N.H. 02 (Aurangabad - Aurangabad, Kaimur, Rohtas Varanasi Division) 5 N.H. 2 (Aurangabad - Aurangabad, Gaya Chordaha Division) 6 Ram Janaki Marg (Siwan - Siwan, Saran Mashrakh) 7 Ram Janaki Marg (Rajpatti - Gopalganj, East Champaran Chakia) 8 N.H. 104 (Sheohar - Sitamarhi Sheohar, Sitamarhi, Madhubani
- Jainagar Division) 9 N.H. 104 (27-40 km Chakia Sheohar Sheohar Division) 10 N.H. 104 (0-27 km Chakia East Champaran (Motihari) Sheohar Division) 11 N.H. 77 (Hajipur - Muzaffarpur Muzaffarpur) 12 N.H. 77 (Muzaffarpur - Muzaffarpur, Sitamarhi Sonvarsha Division) 13 N.H. 85 (Chhapra - Gopalganj Gopalganj, Siwan, Saran Division) 14 N.H. 19 (Chhapra - Hajipur Saran Division) 15 N.H. 102 (Chhapra - Rewaghat Muzaffarpur, Saran
- Muzaffarpur Division) 16 N.H. 82 (Mokama - Barbigha - Shekhpura, Nalanda Biharsharif) 17 N.H. 333 B (Approach road to Munger, Begusarai the under construction Rail cum Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 5/16 Road Bridge - Begusarai & Munger) 18 N.H. 107 (Saharsa - Madhepura Saharsa, Madhepura, Khagaria,
- Khagaria and Purnia) Purnia 19 N.H. 31 (Bakhtiyarpur - Patna Mokama Division) 20 N.H. 31 (Construction of bridge Patna on River Ganga between Aunta
- Simaria and approach road) 21 N.H. 131 A (Narenpur - Purnia Purnia, Katihar
- Katihar) 22 N.H. 30-84 (Patna - Koilwar) Patna, Bhojpur 23 N.H. 30-84 (Patna - Buxar Buxar Division) 24 N.H. 30A (Fatuha - Harnaut - Patna Barh) 25 N.H. 106 (Bridge on river Kosi Madhepura, Bhagalpur at Fulaut) 26 Construction of a Four Lane Patna bridge parallel to the Mahatma Gandhi Setu 27 N.H. 57 A (Forbesganj - Araria Jogbani) 28 Ghorghat Bridge, Munger Munger 29 N.H. 82 (BSRDC) Nawada, Gaya, Nalanda As per the affidavit, the State, at this stage, could not have collected any data with regard to status of the construction of the aforesaid projects.
Perhaps, it is the Government of India/National Highway Authority of India which are in a better situation to indicate the same.
From the affidavit filed by Sri Rakesh Kumar Srivastav, General Manager, Regional Office of NHAI, Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 6/16 Bihar and Pradeep Kumar Lal, representing Ministry of Road Transport and Highways, it is clear that out of total outlay of 5301 k.m's. of National Highways Project in Bihar, more than 80% of the projects are either at the stage of inception, inasmuch as the D.P.R's. are being prepared or have yet not been completed despite the willingness shown by the Government of India.
Illustratively, we notice that out of 28 such projects under implementation, the acquisition proceedings with respect to at least 14 projects have yet not been completed and the progress of construction varies from 2% to 91%. In fact, on account of inaction on the part of the State in acquiring the land, as a result of the change in law, contract in relation to one project stood terminated. It is seen that the D.P.R. with regard to 16 projects has not yet been completed. Hence, in our considered view, if only the State of Bihar were to progress and the industry and the economy develop and flourish, it shall be only prudent that the process of acquisition/construction of the work is expedited through the monitoring of the Court.
For such purpose, we direct that a separate petition to be termed as "The National Highway Projects in the State of Bihar", be registered and listed on 17.03.2020. The affidavits referred to supra shall form part of the said petition. Also, Registry is directed to place on record copy of the order dated 28.02.2020 and the instant order on the record of the said petition.
We further direct the Chief Secretary, Government of Bihar to convene a meeting of all the officers, including Colonel Chandan Vats, Regional Officer, NHAI, Mr. R.P. Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 7/16 Singh, Regional Officer, Ministry of Road Transport and Highways and the Development Commissioner, Revenue Secretary, R.C.D. Secretary, Government of Bihar, for ascertaining the factual status with regard to the entire projects to be constructed within the State of Bihar as National Highways, to be implemented either through the agency of NHAI or Ministry of Road Transport and Highways through the Secretary, Department of Revenue and Secretary, Road Construction Department, Government of Bihar.
List on 17.03.2020 before which date, all the members of the Committee referred to supra shall file their personal affidavits indicating the steps taken for augmenting the work of construction of these projects.
List this case as also the newly filed petition on 17.03.2020."
In the present petition, i.e. CWJC No.8900 of 2020, on 08.12.2020, we had passed the following order:-
"Let the following authorities be added as Party- Respondent Nos. 2 to 8 in the present case:
2. The Chief Secretary, Government of Bihar;
3. The Development Commissioner, Government of Bihar;
4. The Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna;
5. The Additional Chief Secretary, Revenue Department, Government of Bihar, Patna;
6. The Principal Secretary, Finance Department, Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 8/16 Government of Bihar, Patna;
7. National Highway Authority of India through its Chairman, having its office at G-5 & 6, Sector-10, Dwarika, New Delhi
8. The Regional Officer, Patna, NHAI having its office at S.K. Puri, Patna.
Registry to make necessary correction in the cause- title.
Shri Lalit Kishore, learned Advocate General takes notice on behalf of the newly added Respondent Nos. 2 to 6. Shri S.D. Sanjay, learned Senior Counsel accepts notice on behalf of the newly added Respondent Nos. 7 and 8.
Learned Advocate General, under instructions, states that the Government of Bihar is committed to render all assistance for timely completion of all the 29 projects, subject matter of the present petition.
To this effect, our attention is invited to the letter dated 4th of December, 2020 that of the Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna, copy whereof is taken on record. The letter reads as under:
"From Amrit Lal Meena, LAS Additional Chief Secretary To Advocate General, Bihar.
Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 9/16 Sub: CWJC No.-8093/2019 (Pratignya Social Organasation Vs The Union of India).
CWJC No.19592/2018 (Gaurav Kuamr Singh Vs Chief Secretary Govt. of Bihar).
CWJC No-8900/2020 (The National Highways Projects in the State of Bihar Vs State of Bihar) Ref: Your letter no.-83/Patna Dt. 25.11.2020. Sir, As desired vide letter under reference, following facts are being brought to your kind notice for further communication to the Hon'ble High Court:-
i) Govt. of Bihar is giving full support in acquiring land and addressing various issues and hindrances for construction of National Highway in the State of Bihar, the testimony of which is completion of large no. of National Highway projects (Annex-I).
ii) Further Govt. of Bihar is fully committed and extending full support on every front for early construction of 29 National Highway Projects as mentioned in CWIC No. 8093/2019. To ensure this a well established mechanism is in place to monitor the progress and resolve the issues and hindrances.
iii) Development Commissioner, Govt. of Bihar has already communicated to the Hon'ble Court regarding commitment of Govt. of Bihar during hearing of CWJCNo.-8161/2019.
In the light of above, it is hereby requested to communicate above facts.
Yours faithfully, Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 10/16 (Amrit Lal Meena)"
It appears that a mechanism is in place for monitoring the progress for all the projects.
Let the persons heading the Monitoring Committee, file his personal affidavit, indicating the status with respect to all the roads, in a tabular form.
A chart be prepared indicating-(a) name of the Highway; (b) total length of the road; (c) tentative cost of the project; (d) date on which the work was to commence;
(e) date on which it was to be completed; (f) whether land stands acquired or not? (g) if not, the extent of length of the road for which the land is yet to be acquired; (h) by when proceedings for acquisition would be completed? (i) whether the contract for construction of the road stands awarded or not? (j) date of agreement with the contractor;
(k) stipulated date of commencement of construction; (l) stipulated date for completion of the project by the contractor.
Affidavit furnishing the said information be filed before the next date of hearing.
List on 12th of January, 2021."
On our request, Shri Anjani Kumar, learned AAG-4, enters appearance on behalf of the State; Dr. K.N.Singh, learned Additional Solicitor General, appears on behalf of the Central Government and Ministry of Road Transport and Highways (MORTH) as also Shri S.D.Sanjay, learned Senior Advocate, Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 11/16 appears on behalf of the National Highway Authority of India .
The National Highway Authority of India (hereinafter referred to as the 'NHAI') has filed an affidavit indicating in a tabular form, the exact status of each one of the projects undertaken in the State of Bihar, which reads as under:-
Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 12/16 Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 13/16 Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 14/16 We notice that out of 43, only three projects are complete whereas in most of the cases, there is inordinate delay in completing the required action for: (a) acquisition of land; (b) handing over possession of land to the NHAI and/or the Contractors; (c) finalization of tenders or allotment of work by the authorities including NHAI and (d) completion of work Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 15/16 within the stipulated period.
We notice that out of 43 projects, this Court is already monitoring 05 projects in different petitions. Undisputedly during the time of current Pandemic Covid-19, more than 1600 Crores stands deposited by NHAI only towards cost of acquisition of land.
All the learned counsel are of the view that each one of the projects be segregated and monitored by way of separate petitions rather than it being monitored comprehensively in a single petition.
We find favour with such submission.
We notice that projects at sl. nos. 1 to 5 of the chart reproduced supra, are being monitored in separate petitions.
Projects at sl. no. 7, 9, 11 are complete which do not require any monitoring.
As such, with respect to each one of the projects indicated at Sl. Nos. 6, 8, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 and 43, we direct registration of separate petitions.
The title of the petition shall be the name indicated in Column No. 2 with respondents as parties as arrayed in CWJC Patna High Court CWJC No.8900 of 2020(8) dt.22-03-2021 16/16 No. 8900 of 2020 with the only exception of the District Magistrate(s).
The particulars of the Respondent District Magistrate(s) to be impleaded as parties, project-wise, be supplied to the Registry for impleadment in each one of the petitions.
Learned Registrar (List) to immediately take appropriate action.
List all these petitions through virtual mode on 25.03.2021.
(Sanjay Karol, CJ) ( S. Kumar, J) sujit/-
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