Madhya Pradesh High Court
Purushaindra Kumar Kaurav vs Union Of India on 28 January, 2011
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MCC No.2795/2006
Purushaindra Kumar Kaurav Union of India and Ors.
28.1.2011.
Shri Nishant Namdeo, counsel for the applicant.
Shri Mohan Sausarkar, counsel for respondent nos.1 and 5.
Shri Samdarshi Tiwari, Government Advocate for respondents 2 and 3.
Shri Anshuman Singh, Counsel for respondent no.4. In compliance of order dated 8.12.2010, Shri Vivek Agrawal, Secretary, Public Works Department, Govt. of M.P. is present. It is submitted by him that in so far as roads connecting Jabalpur from other major cities of the State are concerned, the State Govt. has made a plan and is taking care of for the constructions of these roads. So far as repairing of roads are concerned, it is submitted that the roads have been made pothole free. That an affidavit has been filed by the State in this regard. Some part of the roads are under performance guarantee with the State and some of them have been handed over to the National Highway Authority of India.
So far as part of the roads which are under performance guarantee, the State is taking issue with NHAI and it is expected that very soon, the issue will be solved.
It is also stated by him that in respect of National Highways, the Central Govt. has prepared a plan i.e. National Highway Development Project and the National Highways are to be reconstructed and for this, direction may be issued to the Central Govt. to start the work within a reasonable period of 3 or 4 months.
Shri Vivek Jaiswal, Project Director,NHAI Division Jabalpur is present. It is submitted by him that so far as National Highway which is connecting Jabalpur with Bhopal is concerned, tender process has already been started and technical bids have been invited. However, to finalize financial bid, further three months is required and within three months, the contract shall be awarded for making it four-lane.
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It is further submitted by Shri Jaiswal that the aforesaid road has been made pothole free and at present it is motorable. When he was addressing, Shri Vibhundra Mishra, counsel submitted that in one case he has been appointed Commissioner to inspect Jabalpur-Rewa road and on inspection he has found that the condition of the aforesaid road is pathetic. On raising such contention, it is submitted by Shri Jaiswal that tender process for this Jabalpur-Katni Rewa section is also in the process. However, to finalize the tender/contract, further four months will be required. It is also under the PPPAC and final decision shall be taken for reconstruction of the road into four-lane within a period of four months. It is also stated by him that for Jabalpur-Lakhnadon National Highway, similar decision shall be taken by NHAI within 4 months.
On raising such contention, Shri Vivek Agrawal submitted that direction may be issued to the Central Government to complete the aforesaid process and to commence the work within the aforesaid period. On being raised this contention, Shri Jaiswal submitted that within four months the process for finalization of the contract shall be completed and within a short period thereafter, within one month, the contract shall be awarded .
In view of the aforesaid, in respect of National Highways, namely, Jabalpur to Bhopal, Jabalpur to Rewa via Katni and Jabalpur to Lakhnadon, the statement of Shri Jaiswal is taken on record and accordingly it is recorded that the work for the construction of Jabalpur-Bhopal four lane road shall be finalized within three months and in so far as work for Jabalpur-Lakhnadon and Jabalpur-Rewa shall be finalized within four months from today.
So far as road from Jabalpur to Mandla Chilpi NH-12A is concerned, it is submitted by Shri Jaiswal that the construction of the aforesaid road has already been taken care of and a detailed (3 ) MCC No.2795/2006 Purushaindra Kumar Kaurav Union of India and Ors.
project report is under preparation and it is proposed to widen this road to the extent of 10 meters . However, the finalization of this work may take six months. As the aforesaid work is in process, so no directions are issued except that NHAI shall take final decision in this regard and shall apprise this Court about the progress.
Shri Vivek Agrawal also submitted that the State Govt. has also taken care of to reconstruct the road connecting Sagar via Rehli Patan. So far as construction of roads between Sagar-Rehli- and Patan-Jabalpur are concerned, these are complete, but the work between Rehli and Patan is concerned, it is decided by the State Govt. that this work be assigned under NOT project. However, it will take minimum three months to finalize. For the construction of the aforesaid part of the road, the statement is taken on record.
Disaster Management Plan Shri Alok.Shrivastava, Principal Secretary, Housing and Environment and Shri Anoop Ranjan, Principal Secretary, Home are present to address this Court in respect of the plan of the State Govt. to meet out any eventuality in the township of Jabalpur. It is submitted by them that two tier committees have been constituted, one at State Level and another at District level. So far as District Level committee is concerned, it is headed by the District Magistrate- Collector who has to take care of the plan as per direction of the State Govt. It is submitted that the District level plan is to be prepared at the district level as per guidelines of the Central Govt. and the State Govt..
Shri Gulshan Bamra,Collector, Jabalpur present in Court submitted that he is taking care of the project and is regularly convening meetings to implement the plan. That in the month of October, 2010, a meeting was convened and various sensitive places were pointed out and in that regard he has also taken steps. That he will make aware general public to meet out with (4 ) MCC No.2795/2006 Purushaindra Kumar Kaurav Union of India and Ors.
the situation in the event of occurrence of such eventualities. The Disaster Management committee will take help from Municipal Corporation, Home Guards, J.D.A, P.W.D. and Health Department. A copy of plan has already been filed on record. The aforesaid plan has been prepared with the help and presence of technical persons.
Shri Mohan Sausarkar, the learned counsel appearing for Union of India, submitted that Seismic Laboratory has been established at Jabalpur in the year 1999 and is functional till date and in case any such eventuality happens in future it can forecast and within a reasonable time general public may be made aware about such eventuality like earthquake.
Recording aforesaid statements of the officers present in Court, we adjourn hearing of this petition for 4th April, 2011.
On the aforesaid date, a progress report shall be submitted.The personal presence of the officers, who are present today, shall not be required on next date of hearing.
(Krishn Kumar Lahoti) (Smt.S.Shrivastava)
Judge Judge
JLL