Patna High Court - Orders
Nh-19-4L Chhapra - Hajipur Section On ... vs The State Of Bihar on 21 January, 2022
Author: S. Kumar
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8352 of 2021
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NH-19-4L Chhapra - Hajipur Section on BOT (Annuity)
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate, Amicus Curiae
For the Respondent/s : Mr. Dr. K. N. Singh, ASG
Mr. Kumar Priya Ranjan, Advocate
Mr. Anjani Kumar, AAG 4
Mr. Pawan Kumar AC to AG
Mr. Siddhartha Prasad, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through Video
Conferencing and the Advocates joined the proceedings through Video
Conferencing from their residence.)
8 21-01-2022Present matter relates to construction of NH - 19 - 4 L - Chhapra - Hajipur on BOT (Annuity), length of which is 66.74 K.M. and date of Award was 27.01.2011 and scheduled date of completion of project was 24.7.2013, which was extended to 31.03.2022.
On 10.8.2021, when the present matter was taken up, the concessionaire undertook to complete four portions of the Highway, such places are as under:-
Sl. No. Road to be constructed
1. 1.85 KM of encroached road/land in the village of Hewantpur, Manpur, Manoharpur, Sumerpatti and Patna High Court CWJC No.8352 of 2021(8) dt.21-01-2022 2/3 Sitapur
2. Bakarpur to Hajipur (starts at J.P. Setu end on the Northside of Ganges)
3. Chappra bypass (out of 15 km bypass, work on 3 km left)
4. ROB at Hajipur for which CRS clearance accorded However, at that point of time, it was submitted on behalf of concessionaire that said portions could not be completed as same are submerged in the water as well as there is encroachment made on such portions. It was also brought to the notice of this Court that concessionaire needs further assistance by way of funds of rupees one hundred crore and it was directed that issue of fund be resolved among the parties by negotiation.
When this matter was taken up today, no information was provided to this Court with respect to commitment made by the concessionaire with respect to said four portions of NH as well as issue of funding of rupees one hundred crore to the concessionaire.
The project of immense importance is already delayed by over eight years and is being unnecessarily delayed, as this Court finds that no progress has been made in this project since the matter was last taken up on 17.08.2021. Patna High Court CWJC No.8352 of 2021(8) dt.21-01-2022 3/3 In such view of the matter, we direct the newly appointed Development Commissioner, Bihar to immediately convene a meeting of all the stake-holders, ensuring that all steps for early completion of the project are taken. The said officer shall also file his affidavit of the steps taken in this regard.
List on 07.02.2022.
(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/-Veena U