Himachal Pradesh High Court
Phool Chand vs Nhai And Another on 3 July, 2023
Bench: Mamidanna Satya Ratna Sri Ramachandra Rao, Ajay Mohan Goel
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Phool Chand Versus NHAI and another CWP No.5196 of 2022 03.07.2023 Present: Mr. B.M. Chauhan, Senior Advocate, with Mr. Manmohan Katoch, Advocate, for the petitioner.
Ms. Shreya Chauhan, Advocate, for respondent no.1- NHAI.
Mr. Pawan K. Sharma, Advocate, for respondent no.2.
Learned counsel appearing for respondent no.2 Airef Engineers Private Limited has placed a letter dated 01.07.2023, addressed to the Project Director, National Highways Authority of India, stating as under: "With reference to the above cited subject, and referred email vide serial no.(1), For the slope protection works along the highway to save guard the property of Mr. Phool Chand falling between Ch. 125+000 to 125+330 RHS, for this location the work under consideration is from Ch. 125+240 to Ch. 125+330 (90m). PCC works under progress at Ch. 125+280 to Ch. 125+330 (50m), Dressing under progress at Ch.125+250 to Ch. 125+280 and Pcc at these chainages will start today. In addition to that cutting work from Ch.125+240 to Ch. 125+250 will be taken up after the diversion to traffic. The PCC works at this location is 25m and above. Concrete cannot be done during rain and strength of concrete ::: Downloaded on - 03/07/2023 20:46:01 :::CIS .
takes time during monsoon season. Due to this every subsequent lift will be taken after concrete achieves substantial strength and also working efficiency of labour reduces with height and time taken are more.
In view of the above reasons and if weather favours, all possible efforts will be made to complete the work till 30th of September, 2023."
2. Though there has been a considerable delay in starting the repair work at the site in question endangering the property of the petitioner, having regard to this letter proposing quick action, we direct the concessioner to expeditiously finish the concrete work of the site in question at the earliest.
3. List on 03.08.2023. Status report be filed by respondents no.1 and 2 by the said date with the photographs.
(M.S. Ramachandra Rao) Chief Justice (Ajay Mohan Goel) Judge July 03, 2023 (Rishi) ::: Downloaded on - 03/07/2023 20:46:01 :::CIS