Patna High Court - Orders
Shatrughan Prasad 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.3006 of 2022
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Satyam Shivam Sundaram (NH-19-4L Chhapra - Hajipur Section on BOT
(Annuity))
... ... Petitioner/s
Versus
The Union of India & Ors.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 11262 of 2021
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Shatrughan Prasad
... ... Petitioner/s
Versus
The Union of India & Ors.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 3006 of 2022)
For the Petitioner/s : Mr. P.K. Shahi, Amicus Curiae
Mr.Satyam Shivam Sundaram (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.
For the S.D.P.C.L. : Mr. Vinay Kirti Singh, Sr. Advocate
For the Concessionaire : Mr. Sidhartha Prasad, Advocate
(In Civil Writ Jurisdiction Case No. 11262 of 2021)
For the Petitioner/s : Mr. P.K. Shahi, Amicus Curiae
Mr.Rana Sanjay Kumar Singh
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
Patna High Court CWJC No.3006 of 2022(7) dt.12-09-2022
2/5
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)
7 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:
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 cases i.e. C.W.J.C. No. 3006 of 2022 and 11262 of 2021, pertain to the 4 Laning of Chhapra - Hajipur Section on BOT (Annuity) and Construction of R.O.B. at Bhola Talkies and Muktapur Gumti.
Members of the Committee are impleaded as party Patna High Court CWJC No.3006 of 2022(7) dt.12-09-2022 3/5 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:
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)
35. 4/2 L of 66.74 27.01. 24.07.2013 87.48%/ 87.48%/ CWJC Financial Chapra-Hajipur 2011 49.42 49.42 8352/2021 Problem with NH-29 BOT Km Km CWJC Contract, Work (Annuity) 3006/2022 stopped 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.
Patna High Court CWJC No.3006 of 2022(7) dt.12-09-2022 4/5 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 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 Patna High Court CWJC No.3006 of 2022(7) dt.12-09-2022 5/5 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 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