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Showing contexts for: de-scoping in Theme Engineering Services Pvt Ltd. & ... vs National Highways Authority Of India & ... on 23 May, 2023Matching Fragments
During the various interactions with PD/RO it came to notice that the DhanuaGhati portion involves FC/WLC for the widening work as the entire DhanuaGhati portion lies in GautamBudha Wild Life Sanctuary. Since, it is a fact that Forest Clearance/Wildlife Clearance is a long-drawn process in the State of Jharkhand as is evident from past experience in many projects and M/s TES having 3 (having total 8 packages) assignments in the State would be well aware of this fact. Thus, it can be construed that instead of taking needful action for forest/wild life clearance, the matter was being diverted in the name of the stretch being accident prone without satisfactorily justifying for the realignment and thereby making the already constructed assets infructuous. Even M/s TES could have suggested remedial measures for the abatement of accident taking place. Finally, the six laning of Dhanua portion had to be de-scoped from the contract owing to delay in obtaining forest and wildlife clearance and also to ascertain the causes of accident.
As the scheduled completion of the project i.e. Chordaha to Gorhar section of NH-02 is 29.11.2021 which is extended up to 28.05.2022 due to COVID-19 pandemic situation and the likely delay in the completion of the project due to non-availability of Neutral Citation Number: 2023:DHC:3522 forest and wild life clearance may invite huge claims and disputes by the Contractor in shape of prolongation cost such as idling of men and machineries, loss of opportunities, etc. Here also M/s TES should have taken prudent action and would have advised NHAI for de-scoping of the forest affected stretch to avoid prolongation cost such as idling of men and machineries, loss of opportunities, etc. but they went on harping for re-alignment.