Gauhati High Court
Navajyoti Sarma vs Union Of India And 9 Ors on 22 August, 2024
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/7
GAHC010102072024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2700/2024
NAVAJYOTI SARMA
SON OF LATE TRILOCHAN SARMA,
RESIDENT OF KAMAKHYA MANDIR,
GUWAHATI- 781010,
DISTRICT- KAMRUP(METROPOLITAN),
ASSAM.
VERSUS
UNION OF INDIA AND 9 ORS
REPRESENTED BY THE SECRETARY,
MINISTRY OF CULTURE,
GOVERNMENT OF INDIA,
502-C WING, SHASTRI BHAWAN,
NEW DELHI- 110001.
2:MINISTRY OF TOURISM
GOVERNMENT OF INDIA
THROUGH ITS SECRETARY
CHAIRMAN OF PRASHAD SCHEME
R.NO. 109
TRANSPORT BHAWAN
1- PARLIAMENT STREET
NEW DELHI
110001.
3:ARCHEOLOGICAL SURVEY OF INDIA
THROUGH ITS DIRECTOR GENERAL
DHAROHAR BHAWAN
24 TILAK MARG
Page No.# 2/7
NEW DELHI 110001.
4:THE CHAIRMAN
PM DEVINE SCHEME
SECRETARY
MINISTRY OF DEVELOPMENT OF NORTH EASTERN REGION
VIGYAN BHAWAN ANNEXE
MAULANA AZAD ROAD
NEW DELHI 110001.
5:THE STATE OF ASSAM
THROUGH ITS CHIEF SECRETARY
GOVERNMENT OF ASSAM
BLOCK-C
3RD FLOOR
ASSAM SACHIVALAYA
DISPUR
GUWAHATI- 781006.
6:PUBLIC WORKS (BUILDING AND NATIONAL HIGHWAY) DEPARTMENT
THROUGH ITS SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO
THE GOVERNMENT OF ASSAM
BLOCK B
GROUND FLOOR
ASSAM SECRETARIAT
DISPUR
GUWAHATI- 781006.
7:DIRECTOR OF ARCHAEOLOGY
ASSAM
GOVERNMENT OF ASSAM
GOPINATH BORDOLOI ROAD
AMBARI
GUWAHATI
ASSAM
781001.
Page No.# 3/7
8:DEPARTMENT OF CULTURAL AFFAIRS
THROUGH ITS DIRECTOR
DIRECTORATE OF ARCHAEOLOGY
GOVERNMENT OF ASSAM
GOPINATH BORDOLOI ROAD
AMBARI
GUWAHATI
ASSAM
781001.
9:DEPARTMENT OF TOURISM
THROUGH PRINCIPAL SECRETARY
GOVERNMENT OF ASSAM
ASSAM SECRETARIAT (CIVIL)
BLOCK-F
3RD FLOOR
DISPUR
GUWAHATI-781006
ASSAM.
10:LARSEN AND TOUBRO LIMITED
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR
AND HAVING ITS OFFICE AT MOUNT POONAMALEE ROAD
MANAPAKKAM
CHENNAI- 600089
TAMIL NADU
Advocate for the Petitioner(s) : Mr. U. Hazarika, Senior Advocate
Mr. K. P. Pathak
Advocate for the Respondent(s): Mr. D. Saikia, Advocate General, Assam
Mr. R.K.D Choudhury, Dy.SGI
Mr. R. Borpujari, (R-10)
Page No.# 4/7
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 22.08.2024 This Court vide an order dated 06.08.2024 after taking note of the submissions made by the learned counsels for the parties as well as the affidavit which was filed on 23.07.2024 as well as the additional affidavit filed on 06.08.2024 had put certain queries upon the learned counsel appearing on behalf of the respondent No. 10 as to whether the Geo Technical investigation including the Hydrogeological and Geophysical investigation is a part of the Engineering Procurement and Construction (EPC) contract so awarded to the respondent No. 10 or whether the Expert Agency PARSAN Overseas (Pvt) Ltd is to be engaged separately. In that regard this Court directed the respondent No. 10 to file an affidavit by bringing on record their stand.
2. In pursuance thereto, an affidavit has been filed by the respondent No. 10 on 21.08.2024. From a perusal of the said affidavit, it transpires that talks between the IIT- Guwahati, the respondent No. 10 and the State of Assam were going on as regards employing a specialist for carrying out the Geo Technical investigation including the Hydrogeological and Geophysical Investigations. During the triparte discussion, the concerned authority of the IIT- Guwahati had suggested the names of three consultancy agencies namely 1. Parson Overseas Private Limited 2. CSIR-National Geophysical Research Institute (which is a Government Agency) 3. BPC Consultant India Private Limited for conducting the studies and also suggested one of the three Agencies may be roped in the undertaking the study.
3. It is also seen from the affidavit filed by the respondent No. 10 and more particularly Annexure-A to the said affidavit that the Special Chief Engineer PWD (Building) has issued a communication to the respondent No.10 on 25.06.2024 on the aspect of engagement of consultant for Technical Consultancy services for Hydrogeological and Geophysical investigation for the project, in question. It is also seen that the said communication was pursuant to the approval of the PW(B&NH) Department, Government of Assam's letter dated 10.06.2024 to engage a consultant for Technical Consultancy Services of Hydrogeological and Geophysical investigation which was an important pre- construction technical aspect to ensure proper implementation of the project namely 'MAA KAMAKHYA Temple Access consider at Guwahati, Assam' the Page No.# 5/7 respondent No. 10 was asked to submit an Expression of Interest at the earliest mentioning their expression to carry out the Hydrogeological and Geophysical investigation for the said project as a technical consultant at the government approved Price of Rs.78,84,170/- inclusive of all expenses and taxes, such as IT/GST/LS Cess etc.
4. It is further seen from the said affidavit filed by the respondent No. 10 that the proposals submitted by Parson Overseas Private Limited was submitted to the IIT- Guwahati, through the Public Works Department Government of Assam. In paragraph No. 8 of the said affidavit, it is categorically stated that as per the approval letter dated 03.08.2024 issued by the IIT - Guwahati, the study was to be carried at final resolution with identification of minute features, additional investigations like mapping the path of sub surface precisely, Protection of Research Zone etc. Accordingly the respondent No. 10 was advised by the IIT - Guwahati to initiate identification of other agencies like CSIR- National Geophysical Research Institute (A Government Agency) and the BPC Consultant India Private Limited as other options for such precise investigation. It is relevant to observe that the IIT-G had issued the communication dated 03.08.2024 after the technical proposal of Parson Overseas Private Ltd. was submitted. It is also mentioned the said affidavit that the process of finalizing the Consultancy Agency and the proposed studies is currently ongoing and the respondent No.10 is actively coordinating with the IIT-Guwahati, and the Public Works Department of the Government of Assam to ensure timely completion of the investigations through a competent agency, which shall fulfill the In-depth analysis on the basis of the suggestions and requirements of the IIT-Guwahati for Geo Technical investigation including Hydrogeological and Geophysical Investigations.
5. Paragraph No. 12 of the said affidavit is very pertinent in respect to the query made by this Court vide the order dated 06.08.2024, wherein it has been mentioned that the Geo Technical investigation including Hydrogeological and Geophysical investigation having been understood as a specialist service, the Public Works Department vide the communication dated 25.06.2024 has specifically approved the engagement of technical consultancy service for Hydrogeological and Geophysical investigation and requested the respondent No. 10 to submit an expression of interest. The respondent No. 10 had accepted to undertake the responsibility to provide Hydrogeological and Geophysical investigation though a competent agency. The relevant portion of the said paragraph being pertinent to the query raised on 06.08.2024 by this Court is reproduced herein under Page No.# 6/7 "In other words, the Respondent No. 10 has taken the responsibility to provide the Hydrological and Geophysical Investigation on behalf of the Public Works Department as a part of the Contract Agreement through a competent agency as this is a specialized service. It is also worth mentioning here that the Respondent No. 10 has agreed to undertake this exercise on behalf of Public Works Department with active support and involvement of IITG as the approving authority."
Be that as it may, till date no official work order has been issued for this extra work.
6. This Court has also heard the learned Advocate General, Assam who submitted that the specialized consultancy agency for carrying out the Geo Technical investigation including the Hydrogeological and Geophysical investigation would require an agency duly capable to carrying out the said investigating and the Government of Assam is in liaison with the IIT-G in that respect. He submitted that the proposal submitted by Parson Overseas Private Limited had only 2D capabilities, whereas the IIT-Guwahati is insisting on 3D capabilities. Under such circumstances, after due consultation with the IIT-G the respondent No. 10 now has been entrusted to initiate process for identification of such specialised agencies like CSIR- National Geophysical Research Institute (which is a Government Agency) as well as the BPC Consultant India Pvt. Ltd. He further submitted that the finalization of the specialized consultant services to carry out the investigation would be made only in the consultation of the IIT
- Guwahati.
7. The learned Government Advocate General further submitted that at present it can't be specifically mentioned as to when the identification of the specialized consultancy agency would be completed. It would depend on the inputs received from the IIT-G.
8. This Court has also taken note of the submission of Mr. R.K.D Choudhury, the learned Dy. SGI, who appears on behalf of the Union of India as well as the respondent No.3. He submitted that affidavit on behalf of the Archaeological Survey of India has been sent to Delhi for Vetting and would be filed shortly. The importance of the said affidavit is felt taking into account the additional affidavit filed by the petitioner bringing on record certain information obtained from the ASI under the Right to Information Act, 2005.
9. Taking into account the above, list this matter again on 01.10.2024. In the Page No.# 7/7 meantime, the Union of India as well as the Archaeological Survey of India shall ensure that the affidavits are duly filed. The respondents shall provide the updates as regards the identification of the specialized consultancy agency on the next date, if such specialised agency had been identified.
JUDGE Comparing Assistant