Jharkhand High Court
The Court On Its Own Motion vs . on 11 May, 2022
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Anil Kumar Choudhary
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. Subha Jha
8. Arbind Kumar Jha
9. Narendra Mishra
10. Ranchi Express 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 Through: Video Conferencing
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Amicus Curiae: Mr. Nipun Bakshi
For the Resp.-State: Mr. Ashok Kr. Yadav, G.A-I
For the UoI: Mr. Prashant Pallav, ASGI
For the Resp.-NHAI: Ms. Sweety Topno, Advocate
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78/ 11.05.2022 Col. A.S. Kapoor, General Manager (Tech) cum Project Director, NHAI, PIU, Jamshedpur and Mr. Bijay Kumar, General Manager (Tech) cum Project Director, NHAI, PIU, Ranchi are present.
2. On behalf of NHAI, two supplementary affidavits have been filed, both on 10.03.2022 one by Mr. Bijay Kumar, General Manager (Tech) cum Project Director, NHAI, PIU, Ranchi regarding physical progress of work up to 10.03.2022 in Package-I and II of NH-33 and other affidavit by Col. A.S. Kapoor, General Manager 2 (Tech) cum Project Director, NHAI, PIU, Jamshedpur indicating physical progress of the work regarding package-III and IV up to 20.02.2022. The progress of work under all the four packages together with the incomplete works are shown in the separate tables in these affidavits.
3. Both the Project Directors have apprised us of the present state of physical progress of the work i.e. up to 10.05.2022. The physical progress of work under Package-I is up to 78.63%. Incomplete works show construction of two interchanges for smooth flow of traffic at Vikas and Rampur which according to them, is at the stage of survey and thereafter designs would be prepared. The stretch of road from Vikas to Rampur would however be made operational by 30.11.2022, the anticipated date of completion after extension of time granted to the Agency due to Covid-19 situation without awaiting construction of two interchanges. According to Mr. Bijay Kumar, Project Director of Ranchi Unit, construction of two Railway over bridges is underway. The process of land acquisition at some places is under progress as well. In respect of Package-II, total stretch of 77.300 kms is almost complete except about 800 meters at village Raidih near Tamar which is also on the verge of completion. Work at that place is expected to be completed by 30.06.2022. So far as the Package- III is concerned, as on date, about 72.14% of work has been completed. Col. Kapoor has informed us that at the ROB junction at Chandil, work has been de-scoped and normal highway is nearing completion which is likely to be open for commercial traffic by the end of June 2022. Since the construction of ROB over the stretch of 1.245 kms involves forest clearance both at the Dalma end and in the district of Seraikella on opposite side, clearance from the Wildlife Board at the State level is at an advance stage. However, commercial flow of traffic would not get affected because of delay in construction of ROB at Chandil. Regarding Package-IV, Col. Kapoor apprised us that 86% of the work has been completed. Out of two elephant pass lying in Package-IV, one is already complete and second one has been incorporated in the proposed elevated corridors to be constructed in the stretches of highway under Package-IV covering the area falling within the city of Jamshedpur. The remaining work of Package-IV leaving aside Elevated Corridors is also likely to be completed by June end. He has apprised us that the work of elevated corridors is at the final design stage, whereafter preparation of DPR would be done. Construction of elevated corridors would not affect the normal traffic for which, adequate provision has been made by making ten meters service road by the side of the highway crossing the city.
4. Col. Kapoor has also informed the Court that traffic signage and other safety features are being put in place across the entire stretch of NH-33 under construction. He has also apprised us that the Agency is carrying out micro surfacing and relaying 3 of certain stretches of road which have undergone undulation after construction. They would be complete in all respects by the scheduled time of completion of work. He has also apprised us about the progress of plantation work being done both on the median and avenue i.e, in the flanks of the highway. He submits that a very strict specification of the size of the plant to be planted at the avenue, protected by gabions, has been laid down in the contract executed with the Agency involved in the plantation work. The agencies are required to maintain the plants and replenish the casualties over a period of four years. Each such plant is being geo-tagged to monitor their growth and progress. Col. Kapoor has also apprised us regarding electrical work on certain stretches of highway which is also under completion. Thereafter, its operation and maintenance is to be handed over to the Agency who are being selected by way of bidding process.
5. This Court has flagged the area of concerns regarding safety of traffic moving on NH-33 and also inhabitants living in the immediate vicinity or just by the side of the highway at villages or places where eatery shops, etc. have come up. We feel that on certain stretches where the villages or such eateries, commercial shops are existing or have come up just by the side of highway, NHAI should endeavor to provide Metal Beam Crash Barriers. This would obviate the chances of accidents at those places which may in future become black spots on the highway. Adequate measures at the stage of construction of the highway would ensure safeguards not only for the travelling public but also the inhabitants who are residing by the side of the highway on certain stretches. Col. Kapoor has apprised the Court about unauthorized parking of heavy vehicles on the Highway which often causes serious accidents. He has however, submitted that so far as the question of regulation of traffic control, over speeding, etc. is concerned, it lies within the domain of Law Enforcement Agency i.e. the State Government.
6. Mr. Ashok Kumar Yadav, learned G.A-I appears for the State Government. He has apprised us of the meeting held by Deputy Commissioner, Ranchi and other officials last year to discuss about the regulatory measures for traffic control and prevent over speeding on NH-33.
7. Be it noted that we have flagged our concerns about adoption of road safety measures on NH-33 covering three districts, Ranchi, Seraikella-Kharsawan and East Singhbhum through a proper integrated plan in our previous order such as orders dated 27.01.2021 and 10.03.2021. However, it does not appear that any tangible measures have been taken in this regard on the part of the State Government till date. Since NH-33 covers three districts of the State any such integrated plan can be prepared at the level of the State Government through the concerned departments such as, Department of Transport and Department of Home, Jail and Disaster 4 Management, we are therefore of the view that the State Government should formalize a proper plan for ensuring safety of the travelling public and regulation of traffic over the entire stretch of NH-33 by deploying duly empowered personnel to check traffic violations and equipped with electronic gadgets, speed radars, etc. Since the issue of safety are of prime concern, we expect the concerned officials, i.e. the Secretary, Department of Home, Jail and Disaster Management, Government of Jharkhand and Secretary, Department of Transport, Government of Jharkhand to remain present on the next date to assist the Court. If the Court is functioning in virtual mode on the next date, the Officers shall appear online. Registry to supply suitable links.
8. Status report regarding execution of the work be filed by the NHAI before the next date. Learned counsel for the Respondent State would also file an affidavit addressing the areas of concern raised by this Court before the next date of hearing.
W.P (PIL) No. 735 of 20189. A supplementary affidavit has been filed by the Respondent NHAI through the Project Director, Project Implementation Unit, Hazaribag on 09.03.2022 describing the details of plantation in the stretches of Barhi-Hazaribag NH-33 in the form of a table which is extracted hereunder:
PLANTATION DETAILS Avenue Plantation Median Plantation Sl.No. No. of Plants No. of Plants No. of Plants No. of Plants Name of Forest required as available at required as available at Division/ wild life per IRC site per IRC site 01 6298 7188 14512 13921 West Forest Division 02 3160 4368 6299 8582 Wild Life 03 3157 7103 1595 8612 East Forest Division Total 12615 18659 22406 31115
10. Mrs. Sweety Topno, learned counsel for NHAI submits that dead saplings and plants are being replaced with new saplings throughout the stretches and shall be completed before the summer season. Saplings are being properly manured and taken care of.
11. Mr. Indrajeet Samanta, petitioner in person has also drawn the attention of this Court towards the issue of transplantation of trees up to a particular diameter. He submits that the affidavit of the NHAI only refers to the plantation on the avenue of the highway but not about required afforestation due to felling of the trees during construction of the highway.
12. Mr. Ashok Kumar Yadav, learned G.A-I submits that he would seek instruction and respond to the I.A. No.1620/2020.
13. We have considered the submissions of learned counsel for the parties and progress of the plantation work in the stretches of Barhi-Hazaribag of NH-33 furnished through the affidavit of NHAI. In order to have an assessment of the 5 ground reality regarding the plantation work in the median and avenue of this stretch of NH-33 up to Barhi, we request the learned Amicus Curiae Mr. Nipun Bakshi to undertake a field visit and submit his report by the next date. Learned counsel for the NHAI would submit further progress report in the matter as well.
14. List these cases on 06th July 2022 at 2.15 pm. Let the name of Mr. Prashant Pallav, learned ASGI appear in the cause list henceforth in place of the erstwhile counsel for the Union of India.
(Aparesh Kumar Singh, J) (Anil Kumar Choudhary, J) Ranjeet/