NH-2 Project: Completion timeline lapses as bottlenecks persist

June 1, 2023 23 Views No Comment

Supreme Court relief for contractor; inconvenience for commuters continue

Morung Express News
Dimapur | June 1

Persistent issues continue to plague the progress of the ongoing National Highway (NH)-2 road construction project from Kohima-Mao Gate, even as another ‘completion’ timeline lapses, with no concrete solution in sight.

On May 31, the affidavit submitted by filed by the contractor (M/S Fortune Groups) to the Gauhati High Court Kohima Bench showed that only 34.29% of the work has been completed. The submission by the Authority Engineer of the project was even lower at 32.58%.

The Court has earlier directed the contractor to complete the works within May 31, on latter’s assurances.

In its order dated13.03.2023, the Court directed the contractor to complete the “NH-2 on the existing road from Kohima to Mao on or before 30.05.2023 without compromising on the quality of work (Clause (C)”

Failure to complete the work as directed would result in imposition of upon the contractor and the NHIDCL shall be directed to issue show cause notice to the former for black-listing, the Clause (d) of the order the stated.

However, the contractor on May 12 filed a Special Leave Petition in the Supreme Court and obtained on stay on Clause (d) of the of the March 13 order.

The apex court order stated that the contractor submitted that the Clause (c) could not be complied with as the “land has not been made over to the petitioner” (the contractor).

Accordingly, the Supreme Court stay of Clause (d) of the order dated 13.03.2023.

Meanwhile resuming the hearing of the Public Interest Litigation (Suo Motu) on May 31 before the Division Bench of Justice Kakheto Sema and Justice Mridul Kumar Kalita, the counsel for the contractor placed the Supreme Court order staying the “Clause (d),” and by extension, the Clause (c).

Accordingly, the Court observed with concern that the issue land acquisition persists despite its earlier intervention.

Further noting that all parties involved were blaming one another for the issue and making various excuses, it strongly observed verbally that they are doing ‘disservice to public interest.’

To those end, on the remaining land required for the construction of the said work, the Bench directed the Union of India to “immediately take steps for acquisition of the land as provided under Section 3 of the National Highways Act, 1956.”

All steps taken by the Union of India, under Section 3 of the National Highways Act, 1956, shall be placed before this Court by way of an affidavit on the next date fixed, it said.

The Nagaland Government counsel representing the State respondents was further directed to “render all assistance” to the Union of India represented by the Secretary, Ministry of Road, Transport and Highways, in taking steps for acquiring the land to complete the project.

Listing the matter for hearing again after three weeks, the Bench also directed both the Authority Engineer and the contractor to file detailed affidavits showing the progress of the work on the existing ROW (right-of-way).

Case background
According to the Court’s records, the contract agreement for the project was signed on October 7, 2020. The work was supposed to commence on October 20, 2020, and be completed by April 22, 2022. However, as work on the ground did not begin, the Court initiated Suo Motu proceedings on April 2, 2022.

During the hearing process, the National Highways & Infrastructure Development Corporation Limited (NHIDCL and the contractor were directed to develop a work plan, including timelines for completing the entire project.

The contractor committed to a March 31 deadline in December, which was subsequently reiterated during subsequent hearings.
However, on March 13, the contractor requested an extension of the deadline from March 31 to May 31, and the Kohima Bench granted the same until May 30, with strict conditions that included the imposition of costs and a show-cause notice for potential blacklisting.

With the matter reverting the issue of land acquisition, however, commuters have to wait for some more time for completion of ongoing the ongoing NH-2 road construction project from Kohima-Mao Gate covering a a distance of 26.249 kilometre.