Jharkhand High Court
The Court On Its Own Motion vs . on 14 February, 2019
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Anil Kumar Choudhary
1
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. SubhaJha
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 Indrajeet Samanta Versus Union of India through the Ministry of Forest & Environment & others
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Anil Kumar Choudhary
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For the petitioner : M/s Rajesh Kumar, Gaurav Raj, Apoorva Singh (in WP(PIL) No. 735/2018) Amicus Curiae : Mr. NipunBakshi, Ashutosh Anand Advocate For the Resp - UOI : M/s Rajiv Sinha, ASGI, Rajiv Nandan Prasad For the Resp - State : M/s Rajiv Ranjan Mishra, GP-II, Rishikesh Giri, AC to GP-II For the Res -NHAI : M/s Anil Kr. Sinha,Sr. Advocate, SweetyTopno, Advocate For the Resp No. 10 : M/s Parag Tripathi, Sr. Advocate, Anoop Kr. Mehta and Amitabh Chaturvedi, Advocates For the Resp-Bank : M/s Mr. Joy Basu, Sr. Advocate; Jai Prakash, Sr. Advocate and P.A.S.Pati, Advocate
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264/14.02.2019 A supplementary affidavit has been filed by NHAI today which indicates that the tender process has not been finalized in respect of the 3 bids. These tenders were floated on 25.09.2018, 05.10.2018 and 12.10.2018 itself. On the previous date 07.01.2019 after recording the submission of the parties it was observed that the tender of the three packages should be finalized by 14.02.2019 i.e, today so that execution of the work is not delayed any further. Assurance has been given by learned Senior Counsel representing NHAI that tender process is likely to be finalized in near future. On such assurance no further comments need to be made in the light of all that has been stated in the previous orders.
Learned G.P.II Mr. R.R. Mishra has submitted that an affidavit has been filed on 12.02.2019 in W.P.(PIL) No. 3503 of 2014 showing compliance of the different directions passed in the previous orders.
Felling of the trees in the widening of the roads across the State is the original subject matter on which suo moto cognizance was taken by this Court and the instant PIL was instituted. Learned counsel representing the petitioner in W.P.(PIL) No. 735 of 2018 has made submission in the light of the affidavit dated 04.01.2019 filed by the State of Jharkhand. He points out that as per the report of the Forest Officials, there are casualties to the extent of 80% planted saplings. NHAI is the user agency who is supposed to maintain the saplings, which is a condition for forest clearance to undertake afforestation in lieu of cutting of the trees.
NHAI needs to respond on this affidavit by the next date. Learned ASGI in regard to the ongoing preliminary inquiry conducted by the CBI pursuant to the order dated 25.07.2018 submits that it is at an advanced stage. Status report has been filed in sealed cover. By the order dated 25.07.2018 CBI was directed to conduct a preliminary inquiry in a strict time frame. It is more than 6 months by now. By the next date CBI should submit the further progress report expectantly showing conclusion of the preliminary inquiry. Let the status report in sealed cover be kept with the learned Registrar General.
Learned Senior Counsel Mr. Parag Tripathi representing the Concessionaire and learned Senior Counsel Mr. Joy Basu representing the lender Banks both submit that an order has been issued on 30.01.2019 by the NHAI terminating the concession agreement itself in the midst of the OTS process. They would be filing an application in that regard.
We therefore adjourn the cases to be listed on 14.03.2019 at 3.00 p.m. (Aparesh Kumar Singh, J) Mohanty/ Shamim (Anil Kumar Choudhary, J)