Patna High Court - Orders
Prince Kumar Mishra (Nh-28A Balance ... vs The Union Of India on 9 January, 2023
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3441 of 2022
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Prince Kumar Mishra (NH-28A Balance Work of Piprakothi - Motihari -
Raxaul on item rate)
... ... Petitioner/s
Versus
The Union of India & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Prince Kumar Mishra ( In Person)
Mr. P. K. Shahi, Sr. Advocate, Amicus Curiae
For the Respondent/s : Mr. Anjani Kumar, AAG 4
Mr. Dr. K. N. Singh, ASG
Mr. Kumar Priya Ranjan, CGC
Dr. Maurya Vijay Chandra, Advocate
Mr. Gaurav Govinda, Advocate
Mr. Rishav Ranjan, Advocate
Mr. Prabhat Kr. Singh
For M.S Ram Kripal
Construction Mr. Ray Saurabh Nath, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 09-01-2023M/s. Ram Kripal Singh Pvt. Ltd. and The Commissioner, Railway Safety are impleaded as party respondent Nos. 6 and 7 respectively.
Mr. Ray Saurabh Nath, learned counsel, appears on behalf of the newly added respondent No. 6 and K.N. Singh, learned A.S.G., assisted by Shri Kumar Priya Ranjan, enters appearance on behalf of newly added respondent No.7.
We are dealing with the construction of National Patna High Court CWJC No.3441 of 2022(4) dt.09-01-2023 2/5 Highway 28A commonly termed as "Motihari-Raxaul Highway". The total length of the road to be constructed in terms of the project is 68.591k.ms. From chainages km 00+650 to km 69+241. The contract for construction was awarded on 10th of December, 2018 with the scheduled completion date to be 3rd of October, 2020. The brief project profile as indicated in para-2 of the affidavit dated 09.01.2023 filed by respondent Nos. 2 and 3 reads as under:-
S. No. Particulars Date
1. Length 68.591 kms
2. Length Completed 63.2 kms
3. LOA Date 10.12.2018
4. Appointed Date/Start Date 04.10.2019
5. Schedule Completion Date 03.10.2020
6. Likely Date of Completion 31.05.2023
7. Physical Progress 88.24% (as of
04.01.2023)
8. Financial Progress 88.58%
Further, in the affidavit, it is mentioned that the delay is attributable also on account of non-acquisition of land under the provisions of National Highway Act, 1956 and the necessary sanctions and permissions from the authorities in relation to the construction of R.O.Bs. (4 in number), which, Patna High Court CWJC No.3441 of 2022(4) dt.09-01-2023 3/5 however, would not alter the situation insofar as the execution of the remaining work by the contractor is concerned, in our considered view, has inordinately delayed the construction of the project. We may only record that only 460 metres of patch of land is required to be acquired.
Be that as it may, the contractor shall respond to the affidavit indicating the time-line within which he would be completing the project, given that all statutory clearances/sanctions/approvals and the permissions, including completion of formalities for acquisition of land, would be completed within the stipulated time frame to be laid down by the authorities.
We also notice that the time-line for completion of the acquisition proceedings under the National Highway Act, 1956 is stipulated to be 28th of February, 2023. Such fact is evident from para-4 of the affidavit.
We direct the authorities to expedite the process. We are hopeful that the District Magistrate, East Champaran, shall personally supervise the entire process of acquisition and coordinate the activities amongst all stake-holders, including National Highway Authority of India and CALA. We direct that the possession of the left over plots which are required to be Patna High Court CWJC No.3441 of 2022(4) dt.09-01-2023 4/5 acquired shall be expedited; possession taken over and handed over to National Highway Authority of India; in turn, handed over to the contractor and compensation disbursed to the rightful claimants expeditiously, in accordance with law; and, should the claimants refuse to accept the same, the same shall be deposited with the concerned District Judge.
Needless to add, with the completion of the process, as stipulated under Section- 3D of the Act, it shall be open for the contractor, as is permissible in law, to commence construction of the work.
Insofar as the necessary sanctions and permissions of 4 R.O.Bs. is concerned, as is evident from para-4 of the affidavit, all sanctions, permissions, approvals for the work are likely to be accorded and work to be completed by April, 2023.
The proposals for completion of the R.O.Bs. are to be prepared and forwarded by N.H.A.I. to the Commissioner of Railway Safety.
Insofar as the R.O.B. is concerned, learned A.S.G. states that the exact time-line would be fixed and the Court to be apprised of the said fact.
List tomorrow i.e. 10.01.2023, in the Patna High Court CWJC No.3441 of 2022(4) dt.09-01-2023 5/5 category of "Order Matters".
(Sanjay Karol, CJ) ( Partha Sarthy, J) Sanjay/-Ranjan U