Jharkhand High Court
The Court On Its Own Motion vs . on 10 March, 2021
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Anil Kumar Choudhary
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. Subha Jha
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
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Indrajeet Samanta versus Union of India & others
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Anil Kumar Choudhary Through: Video Conferencing
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Amicus Curiae: Mr. Nipun Bakshi For the Resp. - State: M/s Rajiv Ranjan, A.G. For the UOI: Mr. Rajiv Sinha, ASGI For the Resp.-NHAI: Mr. Anil Kr. Sinha, Sr. Advocate, Ms. Sweety Topno, Advocate For the Resp. No. 10: Mr. A.K. Mehta, Advocate
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76/ 10.03.2021 Col. A.S. Kapoor, General Manager (Tech) cum Project Director, NHAI, PIU, Jamshedpur and Mr. Ajay Kumar Sinha, General Manager (Tech) cum Project Director, NHAI, PIU, Ranchi are present.
2. The progress of work in Package nos. I, II, III and IV have been detailed in two affidavits filed by NHAI dated 09.03.2021. Table containing 2 the physical progress of the work in these packages up to 28th February, 2021 are being extracted herein below:
PACKAGE-I Sl. No. Details
1. Length of the project 26.270 Km
2. Cost of project 381.62 Cr.
3. Physical progress 62.00%
4. Financial progress 175.31 Cr (45.94%)
5. Schedule date of completion 10.12.2020
6. Interim EOT sanctioned due to 07.06.2021 COVID-19
7. Road work completed DBM-16.00 Km BC-9.93 Km
8. Structure works completed . Culverts-48 . Minor Bridges-2 Nos.
. Major Bridges-1 Nos.
. PUP- 7 Nos.
. VUP-2 Nos.
Sl. Incomplete Remarks
No. works
Items Nos. Status
1. Interchange 02 Not started. Construction is delayed
as design of interchange
is modified for
enhancing the safety of
the Road users. Huge
variation is arising due
to this change and the
same is under
examination and
approval at NHAI HQ
2. ROB (02 nos.) 02 01-Construction recently Due to new design
started after approval of approved by Railway design by Railways. additional acquisition of Land will be required 01- Approval of IIT for approaches for Delhi obtained. Now, which proposal is under approval is being taken preparation.
from Railways.
3. VUP/PUP/VOP 13 Under construction
4. Major Bridge 02 Under construction Design of 01 Bridge at Subarnarekha River modified as per subsoil conditions. Variation arising from due to this change is under approval at NHAI HQ.
5. Minor Bridge 03 Under construction
6. Toll Plaza 01 Under construction
7. Road works DBM-10.27Km Under construction BC-16.34Km PACKAGE-II Sl. No. Details
1. Length of the project 77.300 Km
2. Cost of project 351.01 Cr.
3. Physical progress 90.00%
4. Financial progress 312.67 Cr (89.08%) 3
5. Schedule date of completion 02.12.2020
6. Interim EOT sanctioned due to 02.03.2021 COVID-19
7. Road work completed DBM-69.24 Km BC-60.75 Km
8. Structure works completed . Culverts-145 . Minor Bridges- 17 Nos.
. Major Bridges- 2 Nos.
. PUP- 2 Nos.
. VUP-2 Nos.
. Toll plaza-1 Nos.
Incomplete works
Sl. No. Items Nos. Status
1. VUP/PUP/EUP 03 Under construction
2. Major Bridge 01 Under construction
3. Road works DBM-8.06 Km
BC-16.55 Km Under construction
PACKAGE-III
Sl. No. Details
1. Length of the project 16.050 Km
2. Cost of project 196.75 Cr.
3. Physical progress 69.15%
4. Financial progress 124 Cr (63.10%)
5. Schedule date of completion 12.01.2021
6. Interim EOT sanctioned due to 01.07.2021 COVID-19
7. Road work completed DBM-12.85 Km BC-12.83 Km
8. Structure works completed . Culverts-38 nos.
. Minor Bridges- 5 Nos.
Incomplete works
Sl. No. Items Nos. Status
1. ROB 01 Under construction
2. VUP 01 Under construction
3. Major Bridge 01 Under construction
4. Toll Plaza 01 Under construction
5. Road works DBM-3.20 km Under construction
BC-3.22 Km
PACKAGE-IV
Sl. No. Details
1. Length of the project 44.218 Km
2. Cost of project 379.38 Cr.
3. Physical progress 35.22%
4. Financial progress 125.42 Cr (33.09%)
5. Schedule date of completion 11.12.2020
6. Interim EOT sanctioned due to 11.06.2021 COVID-19
7. Road work completed DBM-28.025 km BC-14.031 km
8. Structure work completed . Culverts-91 nos.
. Minor Bridges-11 Nos.
Incomplete works
Sl. No. Items Nos. Status
1. EUP 03 2 Under construction
2. VUP 02 De-scoping proposed
3. Minor Bridge 06 3Under construction
4
4. Fly over 01 De-scoping proposed
5. Road works DBM-10.693 km
BC-24.687 Km
6. Toll plaza 01 Under construction
7. Slab/Box culvert 08 4 Under construction
2. Learned counsel for the Respondent NHAI and its officials have, in particular, raised the following outstanding issues. In respect of Package No. 1, subsisting issue of interchange is pending approval at NHAI; due to new design approved by the Railway, Additional acquisition of land is required for two ROBs; design of one bridge at Subernrekha river is modified as per subsoil condition. In respect of Package No. II, Mr. Ajay Kumar Sinha, Project Director, NHAI has referred to certain increase of work in respect of Elephant Pass. In respect of Package No. III, Col. A.S. Kapoor, Project Director, NHAI has pointed out certain issues relating to construction of Railway over bridge. In respect of Package No. IV, De-scoping of work in the stretch of km 243.00 to km 248.500 falling within the city limit of Jamshedpur have been approved by the NHAI; tender for appointing DPR consultant for preparation of DPR is likely to be invited by 15.03.2021. Meanwhile, the work as per original design in the city limit is also being carried out.
3. Given the constant monitoring by this Court which has led to expeditious construction of this stretch of NH-33 under four packages, we expect NHAI to take prompt and timely decisions on the issues briefly indicated herein-above, so that the entire stretch of Highway is constructed within the scheduled date of completion. Col. Kapoor has also raised an issue of supply of fly ash for filling up of flyover and for construction of roads on NH-33. He has also stated that M/s Adhunik Power and Natural Resources Limited, a Thermal Power Plant situate at Padampur, Jamshedpur has been requested to supply fly ash. It has approached the Deputy Commissioner, Seraikella-Kharsawan to facilitate the supply of fly ash. However, such efforts have not yielded any result, which has caused delay in progress of the work. We request learned Advocate General to look into the matter. The concerned district administration is required to facilitate the supply of the fly ash in consultation with NHAI authorities, as per norms and guidelines.
3. Learned Advocate General submits that two affidavits have been filed on the part of the State of Jharkhand. Affidavit filed by the Executive Officer, Mango Municipal Corporation, Jamshedpur states that the district administration has removed all obstruction due to parking of brake down vehicles as well as running heavy vehicles between km 245.00 to km 254.00. District administration has put extra traffic police to control and divert the traffic so that no problem is caused during construction of road. Fortnightly meetings are regularly held between NHAI and district administration to monitor the progress of construction of road.
54. Second affidavit has been filed by the District Land Acquisition Officer, Ranchi. It states that certain lands were settled in favour of Sarla Birla School. The process of granting raiyati recognition has been completed by the District Level Committee and land acquisition proceedings shall be completed at the earliest in accordance with law to take care of the issue of encroachment around km 16.300. It further states that the Project Director, NHAI has stated that they are in the process of changing the alignment of under pass under Mouza Rajaulatu. Deputy Commissioner, Ranchi has instructed for release of compensation amount on priority basis to the persons affected by the additional ring road projects. It has been further stated that the land of Mouza Berwari had already been handed over and land of Mouza Neori, Koiliri, Hesal and Gadke will be handed over within two months, so that entire process of payment of compensation to the affected raiyat is completed. The affidavit also indicates that proposal for construction of service road / diversion, as demanded by the villagers of Mouza Turupis is under consideration of the NHAI. On the issue relating to road safety measures, it is stated that the Deputy Commissioner, Ranchi has issued direction upon the Superintendent of Police, Traffic to deploy speed guns and to do regular patrolling.
5. Learned A.G has assured that he would take up the matter with the Road Transport Department, concerned district administration and the police authorities so that a meeting with the NHAI authorities is convened in order to prepare a plan for adoption of road safety measures in the stretch of NH-33 covering three districts Ranchi, Seraikella-Kharsawan and East Singhbhum. A proper integrated plan deserves to be implemented in this regard. Respondent State would file a categorical affidavit on this issue.
6. CBI has filed an affidavit indicating further progress made in the investigation after filing of the charge sheet on 30.12.2020 against certain persons and Company. It has stated that I.O has examined 12 witnesses and recorded their statements. Information has also been received from different sources.
7. An affidavit has been filed by the Respondent No. 10 stating that in compliance of the order dated 20.02.2020, the contemnor K. Srinivas Rao, Managing Director of Ranchi Expressway Limited (Respondent No. 10) has deposited Rs. 1.00 lakh by way of demand draft in the Jharkhand State Legal Services Authority.
8. Power Grid Corporation of India Limited (PGCIL) has filed an affidavit on 03.03.2021 pursuant to the previous order 27.01.2021. Mr. B.B. Sinha, learned counsel for the PGCIL submits that MoU between PGCIL and NHAI has been executed; certain payment has also been received by PGCIL for completion of the work of shifting / diversion of high tension transmission line. PGCIL is fully committed to execute the work before its schedule time of completion.
69. We have taken note of the progress of the work of expansion and widening of NHAI being executed under four packages. As noted hereinabove, progress of work in Package Nos. II & III appear to be satisfactory, but progress in certain stretches of Package Nos. I & IV appear to be delayed because of some significant variation and De-scoping of the work as borne out from the affidavit of NHAI. As observed hereinabove, we expect NHAI to ensure that timely decision is taken in respect of those issues concerning these two packages under NH-33, so that the work is completed in a timely manner. NHAI and State would file their respective affidavits in relation to the progress of the work and other issues, as indicated in the foregoing paragraphs of the instant order, by the next date.
W.P.(PIL) No. 735 of 201810. Petitioner in person has sought to press I.A. No. 1620 of 2018, wherein resolution dated 8th November, 2017 of the High Powered Committee and consequent letter dated 21st November, 2017 (Annexure-9 Series) have been assailed. Mr. Samanta undertakes to supply copy of I.A by Friday to the learned Advocate General. Response of the State on this I.A. should be filed before the next date i.e., 22nd April, 2021.
11. An affidavit has earlier been filed on 21st January, 2021 regarding transplantation work done in the stretch of NH-33 between Barhi to Hazaribag. Learned counsel for NHAI would file an affidavit as to the survival percentage of the trees planted on the stretch of NH-33 between Ranchi to Hazaribag as well before the next date.
12. Let the matters be posted on 22nd April, 2021 at 02:15 pm. (Aparesh Kumar Singh, J) (Anil Kumar Choudhary, J) Ranjeet/