Jharkhand High Court
The Court On Its Own Motion vs . on 23 January, 2020
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Anil Kumar Choudhary
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 3503 of 2014
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The Court on its Own Motion Versus.
1. The Union of India through its Secretary, Ministry of Road Transport And Highways, New Delhi
2. The Union of India represented by its Secretary, Ministry of Environment and Forest, New Delhi
3. The National Highways Authority of India represented by its Chairman
4. The State of Jharkhand through Principal Secretary, Road Construction Department, Govt. of Jharkhand
5. Principal Secretary, Department of Forest and Environment, Govt. of Jharkhand
6. Chief Executive Officer, Municipal Corporation, Ranchi
7. SubhaJha
8. Arbind Kumar Jha
9. Narendra Mishra
10. Ranchi Expressways Limited, Hyderabad
11. D.G,M., M/s Canara Bank, Prima Corporate Branch, Secunderabad, Telangana State
12. Ministry of Corporate Affairs through its Secretary, Govt. of India
13. The Serious Fraud Investigation Office through its Director under the Ministry of Corporate Affairs, Govt. of India
14. Ministry of Surface Transport & Highways through its Secretary, Govt.of India
15. Central Bureau of Investigation through its Director --- Respondents With W.P.(PIL) No. 2470 of 2015
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The Court on its Own Motion Versus The State of Jharkhand & others With W.P. (PIL) No. 735 of 2018
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Indrajeet Samanta versus Union of India & others
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Anil Kumar Choudhary
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Amicus Curiae: Mr. Ashutosh Anand For the Petitioner: In person in WP (PIL) 735/2018 For the Resp - State: Mr. Manoj Tondon, A.A.G.-IV For the Res -NHAI: M/s Anil Kr. Sinha,Sr. Advocate, Sweety Topno, Advocate For the Resp No. 10: Mr. A.K. Mehta, Advocate For the Resp-Bank: Mr. P.A.S.Pati, Advocate
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72/23.01.2020 Two affidavits containing the progress report of the widening of the NH-33 have been filed today on behalf of NHAI: one relates to Package nos. I and II, which are now under the supervision of Project Director, Ranchi and 2 other relates to Package Nos. III & IV which are under the supervision of Project Director, Jamshedpur. The affidavit relating to Package Nos. I & II sworn by one Ajay Kumar Sinha, General Manager (Tech)-cum-Project Director, PIU, Ranchi has given the progress relating to Package Nos. I & II and also pointed out to certain issues at paragraph nos. 9, 10 and 11 relating to local resistance by villagers and a school in carrying out the construction work. Learned counsel for the State Mr. Manoj Tandon has taken note thereof and has assured that it would be attended by the concerned officials of the State.
The other issue is in relation to forest clearance for 2.301 Ha land in Ranchi Bypass which has received in-principle approval on 18.12.2019. However, net present value has not been indicated by the Forest Department and it is informed that Stage-I clearance is to be granted in a couple of days. On this score also learned counsel for the State submits that the Forest Department would not further delay the matter at their end. From the progress chart in relation to Package No. I, it appears that execution of the work under different Heads of work has not shown desired progress. Physical progress in respect to Package No. II appears to be considerable but construction of one major bridge, Elephant Under Pass and Vehicle Under Pass, works in relation to road side drain, Truck Lay Bay have not shown any progress.
It, therefore, appears that progress of work in Package No. I is not satisfactory, but learned counsel for the NHAI and its officers present have assured that work in Package No. II is in full swing.
From the other affidavit sworn by Mr. Sadre Alam, General Manager (Tech.)-cum-Project Director, PIU, Jamshedpur and the chart of the projected financial progress ( in crores); actual progress (in crores) as well as physical progress of the work up to 20th January, 2020 as furnished under paragraph 9 and 10, it appears that work in Package No. IV is lagging. The chart furnished under paragraph nos. 9 & 10 are extracted herein below:
Projected Awarded Actual Sl. Financial Name of package cost progress % Achieved No. Progress (in Cr.) (In Cr.) (In Cr.) Balance work from Chauka to Saharbeda
1. 196.76 76.58 64.13 32.55 section (Km 217.30 to Km 233.35) (Package-III) Balance work from Saharbeda to Mahulia
2. section (km 233.350 to 379.37 32.41 25.845 6.82 Km 277.568 (Package-
IV) 3 Name of Physical Progress Sl.
package/ Earth work
No. GSB/WMM DBM/ BC Bridge & Culverts
Length / Sub base
(In Km) (In Km) (In Km)
( In Km)
10.20 km.
7.90 km.
completed
10.50 km. completed 35 culverts completed out
out of 14.15
Package-III/ completed out of 14.15 of 36 culverts and 3
1. km./9.20 km
16.05 out of km./7.80 Minor Bridge completed
completed
14.15 km. out of 14.15 out of 5 Minor Bridges
out of 14.15
km
km.
13.266 km.
11 Pipe culverts
completed 2.308 km.
completed out of 16 Pipe
16.978 km. out of 55.996 completed
culverts, 6 Box culverts
Package-IV/ completed km./8.900 out of
2. completed out of 11 Box
44.218 out of km 70.256 km.
culverts and 2 Minor
55.996 km. completed (Two Lane
Bridges completed out of
out of 62.156 (1st Layer)
5 Minor Bridges
km.
From the physical progress of different major road items at page-14 in relation to Package No. IV also, it is evident that work in respect of two Vehicular Under Pass, three Elephant Under Pass, one Fly Over, Toll Plaza, one Truck Lay Bay and 24 Bus Bay have not even started. No work is shown under Item Nos. 6 & 7 relating to DBM-II and BC. Project Director, Mr. Sadre Alam, who is present in Court has stated that progress of work in Package No. IV has picked up momentum of late but it would be ensured that desired progress is achieved and short fall is also overcome in the coming months. It is observed that issues relating to shifting of pipe line in some sections of Package-IV and removal of break down vehicle and heavy vehicle parked along highway as indicated in paragraphs nos. 11 and 12 respectively are to be addressed on behalf of State Government and the District Authority.
It is also informed by learned counsel for the NHAI that supervision consultant (Theme Engineering Services Pvt. Ltd.) has been appointed by NHAI but the consultant team has still not mobilized fully.
From an overview of the progress report submitted by NHAI, it seems that though execution of works under Package No. II and III are being done with some promptness to meet the projected milestones, but works on Package Nos. I & IV are lagging. NHAI and the Agencies responsible for execution of the work have to gear up their socks in order to ensure that the milestone fixed as per the agreement and the work programme are achieved by the projected dates. Further progress report in the matter be filed by NHAI by the next date i.e., 26 th March, 2020. Learned counsel for the State would also file affidavit in respect of the issues pointed out above.
4Through I.A. No. 508 of 2020, respondent no. 10 has sought permission to withdraw I.A. No. 1716 of 2019, whereby it had sought to challenge the order of termination dated 30th January, 2019 of its Concession Agreement. Respondent no. 10 has also sought liberty to lay challenge to the termination order before the competent court/ forum of competent jurisdiction.
Learned counsel for the NHAI and the State do not have any objection. Accordingly, I.A. No. 1716 of 2019 is dismissed as withdrawn. It is open for the petitioner to seek appropriate remedy in respect of the termination of the agreement before any appropriate court/forum having jurisdiction, if permissible in law. I. A. No. 508 of 2020 stands disposed of.
I.A. No. 6210 of 2019 seeking discharge of contemnor Sri K. S. Srinivas Rao, Managing Director, Ranchi Expressways Limited could not be taken up today because of paucity of time. Let the case be listed on 20 th February, 2020 at 3.30 p.m, on which date the instant I.A shall be taken up for consideration apart from W.P.(PIL) No. 2470 of 2015 and 735 of 2018.
(Aparesh Kumar Singh, J) (Anil Kumar Choudhary, J) jk