Patna High Court - Orders
Based On The Order Of Honble The Chief ... vs The State Of Bihar on 24 January, 2023
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.320 of 2019
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Based On The Order of Honble The Chief Justice Dated 03.01.2019 Relating
To Re Suo Motu
... ... Petitioner/s
Versus
The State of Bihar and Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s :
For the State : Mr. Anjani Kumar, AAG-4
Mr. Alok Kumar Rahi, AC to AAG-4
For U.O.I. : Dr. K.N. Singh, ASG
Mr. Anshay Bahadur Mathur, Advocate
Mr. Kumar Priya Ranjan, Advocate
For Respondent No.8 Mr. Gyanand Roy, Advocate
For the Railway Mr. D.K. Sinha, Sr. Advocate
Mr. Siddhartha Prasad, Advocate
For the Respondent(s) : Mr. Saket Tiwary, Advocate
Mr. Prabhat Ranjan, Advocate
Ms. Preety Kumari, Advocate
Mr. Vipin Kumar, Advocate
For the Electricity Board: Mr. Vinay Kirti Singh, Sr. Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
27 24-01-2023We are dealing with the construction of NH-106 from Birpur-Bihpur Section.
In our previous orders, we have already recorded the inordinate delay in the execution of the work i.e. Patna High Court CWJC No.320 of 2019(27) dt.24-01-2023 2/11 construction of the National Highway in question.
On 25th of March, 2021, we had requested learned counsel appearing for the parties to visit the spot and submit their report.
Shri Pawan Kumar, learned Assistant Counsel to the then learned Advocate General, after visiting the spot, has submitted his report.
Evidently, the contractor, be it for whatever reason, is not in a position to complete the work within the stipulated timeline.
On 29th of July, 2016, the Ministry of Road and Transport Highways (MoRTH), Government of India entered into an agreement for construction of the said road with M/s IL & FS Engineering and Construction Company Limited. Scheduled date of commencement of the work was 3rd October, 2016 with the stipulated date for completion of the work as 2nd October, 2019. The contract value of the Project being Rs. 675 crores.
Undisputedly, the Contractor subcontracted part of the work to two parties i.e. M/s PRL Projects & Infrastructure Limited and M/s JSP Project Private Limited. Today, it is stated at the bar that since there were serious Patna High Court CWJC No.320 of 2019(27) dt.24-01-2023 3/11 defaults by M/s PRL Projects & Infrastructure Limited, the principal contractor after rescinding such contract is self executing the work.
Here, only we may record that the entire project is divided into three sections i.e. section (I) from KM 0 to KM 38; section (II) from KM 38 to KM 90, which is further divided into section 2A and Section 2B; and Section (III) from KM 90 to KM 106.
Presently, the work for Section (I) and Section (III) is being executed by the principal contractor M/S IL & FS Engineering and Construction Company Limited and Section-II is being executed by the sub-contractor M/s JSP Project Private Limited.
Shri Pawan Kumar, learned counsel, in his report dated 06.12.2022 placed an extract of the progress, which is extracted as under :-
Patna High Court CWJC No.320 of 2019(27) dt.24-01-2023 4/11 Evidently, the document is self speaking and much is left to be desired.
Patna High Court CWJC No.320 of 2019(27) dt.24-01-2023 5/11 However, Shri Saket Tiwary, learned counsel for the principal contractor has placed on record the latest status indicating some further progress of work. The same is extracted as under :-
"Progress Report Project Cost : Rs.675.00 Cr.
Physical Progress : Rs.386.98 Cr.
Total Physical Progress Report as on date :
Sl Work Unit Scope Completed Work in Balance
No. Description Progress
1 Earth work up to KM 104 92.35 1.10 10.55
top of Subgrade
2 CTSB - I KM 104 88.65 0.85 14.51
3 CTSB - II KM 104 87.46 1.23 15.31
4 WMM KM 104 87.05 1.50 15.45
5 DBM KM 104 83.00 21.00
6 BC KM 106 14.94 89.06
7 Culvert (New) Nos 251 233 2 16
8 Culvert Nos 32 32 0
(Widening)
9 Minor Bridge Nos 22 16 4 2
(New)
10 Minor (Bridge Nos 4 2 2
(Rehabilitation)
11 Major Bridge Nos 3 1 2
(New)
12 Major Bridge Nos 2 1 1
(Rehabilitation)
13 ROB Nos 2 2 0
14 RCC Drain Nos 21.54 11 6 4.54
"
Today, we are informed by the principal contractor that apart from two hindrances i.e. removal of the boundary Patna High Court CWJC No.320 of 2019(27) dt.24-01-2023 6/11 wall of NDRF for which now permission stands granted and the construction of the RoB, there are other hindrances, which need to be taken care of by the appropriate authorities. Why such fact was not made known to the authorities is not evident from the record.
There are at least 507 electric poles, which are required to be removed and this would be done only with the realignment of the electric line.
Also, there are at least 60 structures (house, building, shops and religious structures), which need to be removed and the site made available for construction of the project.
We notice that the respondents have revised the period within which the work is now required to be completed and instead of 2nd of October, 2019, the date stands revised to July, 2023.
Looking at the progress made thus far, we have serious doubts of the work being completed within next five months.
In the attending facts and circumstances, we are of the view that interest of justice only warrants issuance of certain further directions which we do so. Patna High Court CWJC No.320 of 2019(27) dt.24-01-2023 7/11 The Development Commissioner, Government of Bihar shall forthwith convene a meeting of all the stakeholders on 30.01.2023 through Video Conferencing and ensure taking all actions as are warranted for early completion of the project. He shall file his personal affidavit indicating the steps taken for resolving the issues and the latest status of all the issues.
On our request, Shri Anjani Kumar, learned AAG- 4, appears on behalf of the State who undertakes to apprise the authorities of the passing of the order.
We are of the considered view that for realigning the electric line, interventions and assistance of the North Bihar Power Distribution Company Limited and Bihar State Power Transmission Company Limited is necessary.
As such, North Bihar Power Distribution Company Limited through its Managing Director, Vidyut Bhawan, Bailey Road, Patna and Bihar State Power Transmission Company Limited through its Managing Director, Vidyut Bhawan, Bailey Road, Patna are impleaded as party Respondents No. 14 and 15 respectively.
Registry to make necessary correction in the memo of parties both in the digital as well as physical file. Patna High Court CWJC No.320 of 2019(27) dt.24-01-2023 8/11 Shri Vinay Kirti Singh, learned senior counsel, who is present in the Court, is requested to appear on behalf of the newly added Respondents No. 14 and 15.
Having given thoughtful consideration to the entire attending circumstances, we are of the considered view that a local commission needs to be appointed for ascertaining the factual position at the spot. There is already overrun and inordinate delay and the record does not inspire confidence as to whether the project would be completed within the revised date of completion.
As such, we are inclined, as is so warranted in public interest, to constitute three committees for ascertaining the exact status of the construction of work and the timeline within which the entire work would be completed as is stipulated under the contract.
The 1st Committee for Package No. I shall consist of-
1. Mr. Ashish Giri, Advocate.
2.Ms. Akanksha Malviya, Advocate
3.Ms.Ananya Raj, Advocate The 2nd Committee for Package II shall consist of -
1. Ms. Anukirti Jaipuriyar, Advocate
2. Ms. Parul Prasad, Advocate Patna High Court CWJC No.320 of 2019(27) dt.24-01-2023 9/11
3. Mr. Ayush Abhishek, Advocate The 3rd Committee for Package No. III shall consist of -
1. Mr. Sanjeev Kumar, Advocate
2. Ms. Devanshi Giri, Advocate
3. Mr. Anand Kumar, Advocate We request Shri Ashish Giri, Advocate, Ms. Anukirti Jaipuriyar, Advocate, and Mr. Sanjeev Kumar, Advocate to head the respective committees and visit the spot on 27.01.2023 and 28.01.2023 and if required, on 29.01.2023 and submit a detailed report indicating the progress of the work, including deployment of plant, men and machinery at the site by the principal/sub-contractor and the timeline within which the work would be completed.
All the learned counsel give consent for the same. Each one of the Local Commissioners would be entitled to fee of Rs. 33,000/- per day to be shared by the principal contractor and the sub-contractor.
Learned counsel appearing on behalf of the principal contractor/sub-contractor, agrees and undertakes to remit the same into the Bank account of each one of the Local Commissioners.
Patna High Court CWJC No.320 of 2019(27) dt.24-01-2023 10/11 The principal contractor/sub-contractor undertake to provide for convenience lodging and boarding befitting the status of the Local Commissioners.
Shri Anjani Kumar, learned AAG-4, states that the concerned District Magistrate(s) and Senior Superintendent of Police/Superintendent of Police shall ensure adequate security to be provided to the Local Commissioners and post an officer not below the rank of S.D.M./D.L.A.O. for facilitating the execution of the commission.
Needless to add, all concerned shall remain present at the time of inspection for facilitating execution of the commission.
The principal contractor and the sub-contractor shall also file a fresh affidavit indicating the men and machinery deployed on the spot and the timeline within which they would now be completing the work.
Report be sent through an electronic mode to the Court Master latest by late evening on 30.01.2023.
Insofar as removal of electric poles/removal of electric lines are concerned we are informed that the work is to be executed by a separate contractor nominated by the principal contractor, i.e. M/s IL & FS Engineering and Patna High Court CWJC No.320 of 2019(27) dt.24-01-2023 11/11 Construction Company Limited, however, permissions are yet required to be obtained.
As such, we direct the principal contractor to immediately and not later than one week from today apply and complete all formalities for removal of electric poles.
Shri Vinay Kirti Singh, learned Senior Advocate, states that no sooner the formalities are completed, such request shall be processed in the affirmative, preferably within a period of two weeks thereafter.
Statement accepted and taken on record. Court Master to supply the authenticated copy of the order to all concerned.
List on 02.02.2023.
(Sanjay Karol, CJ) ( Partha Sarthy, J) Sujit/Ashwini U