Jharkhand High Court
Vijay Kumar vs Union Of India on 11 October, 2019
Author: H.C. Mishra
Bench: Aparesh Kumar Singh, H.C. Mishra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 6288 of 2016
Vijay Kumar --- ---- Petitioner
Versus
Union of India,
through National Highways Authority of India and Others --- Respondents
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CORAM: Hon'ble the Acting Chief Justice
Hon'ble Mr. Justice Aparesh Kumar Singh
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For the Petitioner: Mr. Mahesh Tewari, Advocate
For the Resp - UOI: M/s Rajiv Sinha, ASGI,
Niraj Kumar, AC to ASGI
For the Resp - State: Mr. Sharad Kaushal, AC to A.A.G For the Resp - NHAI: M/s V.P. Singh, Sr. Advocate, Sweety Topno, Advocate For the Resp - BCCL: Mr. Amit Kr. Sinha, Advocate
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18/ 11.10.2019 The matter relates to construction of NH-32 from Rajganj to Chas from Mahuda More. In order dated 15.02.2019, this Court had taken note of the fact that there was report of underground fire in part of that stretch, and this Court had opined that study ought to be done by an Expert Committee comprising of representatives from the National Highways Authority of India, BCCL, Director General of Mines Safety and also representatives of the State Government.
A supplementary affidavit has been filed on behalf of National Highways Authority of India in which, the report dated 01.05.2019, submitted by the Committee has been brought on record as Annexure-G, which reads as follows:-
"In furtherance to the committee meeting held on 06 April 2019, the committee perused the mapping (provided by BCCL) of mines encompassing the proposed existing alignment of road between Km 10+900 to Km 12 +200 on NH 32 in Sonardih Area. The committee also assured the existence of fire zone and found that it is approx.. 75 m away from the existing alignment and as per past record there is no subsidence due to underground workings on existing alignment i.e. km 10+900m to km 12+200 on NH-32 in Sonardih area.
However there are developed underground workings in XA Seam and X Seam from a depth of minimum 25m to 127m. The existence of fire may be about 75 m away from the developed underground workings in this zone. The mining fraternity like DGMS & GM Safety, BCCL requires that a scientific study should be done by a reputed Gov. agency for construction of above portion of NH road.
The existing alignment has numerous dwelling structures astride the road. Since, NHAI has de-scoped the re-alignment portion situated near fire active zone between km 10+900 to km 12+200 including the approved ROB at km 11+500.
In view of Executive Engineer N.H.DIV. Dhanbad & Project Director N.H.A.I. Dhanbad that 25 m covering depth is sufficient cushion for widening & strengthening of the existing road km 10+900 to km 12+200. Where already traffic is plying in full swing everyday. The proposed existing alignment has not seen any sign of subsidence during the last 25 years as per data available with RCD Road Division Dhanbad."-2-
Though it is submitted by the learned counsel appearing for the NHAI on the basis of the aforesaid report that there is no fire zone underneath the existing NH-32 which is being widened and strengthened, but there are affidavits on record showing otherwise facts also.
According to this affidavit itself, the matter is also being looked into by the Central Institute of Mining and Fuel Research (CIMFR) which has also demanded certain plans and documents from the NHAI, as well as BCCL, which was with regard to the stability of the road along with the proposed existing alignment to avoid fire zone area from km 10+900 to km 12.200. The report of CIMFR is still awaited.
We direct the learned counsel for the NHAI to get the required report from CIMFR and bring the same on record by way of an affidavit. If the necessary study has not yet been completed by the CIMFR, the same shall be completed within four weeks from today, as it is submitted that all the necessary documents have been made available to CIMFR.
Let this matter be listed again on 29.11.2019, by which date, we expect the NHAI to bring on record the report of CIMFR.
Let a copy of this order be made available to the learned counsel for the NHAI for the needful.
(H.C. Mishra, A.C.J) (Aparesh Kumar Singh, J) Ranjeet/