[ Indu Chukhu ]
ITANAGAR, 2 Oct: Two individuals, Tasing Jamoh and Doge Lona, have filed a Public Interest Litigation (PIL) against the state government regarding the deplorable road conditions of NH-415 between Banderdewa and Itanagar (Packages A, B, and C).
Justice Kalyan Rai Surana and Justice Kardak Ete in their verdict on Sept 26 stated that, in an order dated August 27, it had required the submission of a status report on the project indicating the progress made up to August 31, 2024. Since this requirement was not honored, the court expressed its dissatisfaction with the delay and imposed a fine on the government respondents and the executing agencies.
It stated that it did not appreciate the delay while imposing a fine.
The petitioners’ counsel stated that the PIL highlights the poor state of the road from Barapani Bridge to the A Sector area of Naharlagun, covering a length of 3.950 km, where a flyover is planned for construction. They noted that only 11 out of the total 147 pillars for the flyover have been completed. The counsel argued that, given the current progress by the contractors, M/S Woodhill Shivam in joint venture with M/S TK Consortium Pvt Ltd, it is unlikely that the National Highway Authority of India (NHAI) or the state Public Works Department (PWD) can finish the project within the contract period ending in December 2024.
Previously, the Gauhati High Court’s Itanagar permanent bench, in an order dated August 27, 2024, requested a status report on the project’s progress up to August 31, 2024. However, the government advocate informed the court that she had not received the status report, preventing her from presenting it in court.
The petitioners’ counsel also pointed out that the state PWD and NHAI have not constructed a footpath alongside the stretch from Barapani Bridge to A Sector, causing significant inconvenience, particularly for women pedestrians. They reported that several machines and pieces of equipment have been left idle on the road, impeding traffic flow and resulting in congestion from Barapani Bridge to A Sector during peak hours.
The counsel further noted that since the registration of the PIL, only “half-hearted” patchwork on the road has been attempted, leaving it still unmotorable and contributing to traffic issues.
Upon reviewing the petitioners’ submissions, the court learned that none of the counsel present was satisfied with the road’s condition. The court expressed dissatisfaction with the government advocate’s inability to provide the requested status report.
Consequently, the court ordered the counsel representing the Chief Engineer (Highway Zone) under PWD, through the secretary of the ministry of road transport and highways, to ensure that the status report is submitted to the court without fail. The High Court imposed a fine of Rs. 5,000 jointly on the state government, the ministry of road transport and highways, and other government agencies for failing to provide the status report.
The court instructed all eight respondents, including the state government, the chief secretary, the commissioner/secretary (PWD), the chief engineer (highway zone), the executive engineer of the Naharlagun highway division, the secretary of the ministry of road transport and highways, and the two contractors, to submit a bar chart indicating timelines and milestones for the project’s progress. They are also required to provide relevant parts of the contract agreement that specify the completion dates for the work.
The contractors, along with the other stakeholders involved in Package B of NH-415, specifically from Barapani Bridge to A Sector Naharlagun, are directed to report on the number of personnel, equipment and machinery available for the completion of the work.
Addressing the petitioners’ claims of zero progress over the past year, the High Court has summoned the contractors, M/S Woodhill Shivam and M/S TK Consortium Pvt Ltd, to explain why adequate manpower and machinery have not been utilized since the contract’s commencement.
The court has also restricted the state government, the chief secretary, the chief engineer (highway), and the ministry of road transport and highways from agreeing to any price escalation with M/S Woodhill Shivam and M/S TK Consortium Pvt Ltd without the court’s approval.
Further, the court stated that the pendency of the PIL shall not prevent the appropriate authorities from determining whether the contractors are defaulting in their obligations and taking necessary actions to ensure timely project completion.
The respondent authorities are also instructed to inform the court about any steps taken to construct a footpath, at least to facilitate pedestrian access along the road stretch, even if immediate construction is not planned.
The court noted that the counsel for the respondents must transmit a downloaded copy of the order to the relevant government authorities. Meanwhile, the counsel for M/S TK Consortium Pvt Ltd is required to relay the court’s order to the principal contractor, M/S Woodhill Shivam.
The court emphasized that, aside from the court order, the government respondents involved in NH-415’s Package B failed to produce the required bar chart and other documents, which may result in orders for the personal appearance of relevant officials.
Earlier this July, Naharlagun PWD highway division executive engineer Tadu Takha indicated that constructing the approximately 4-kilometer flyover from Hotel Benjamin in Papu Nallah to Kankarnallah in Model Village, Naharlagun, would take about a year and a half. He noted that “until the flyover work is completed, other road works cannot be fully executed, as a substantial foundation is needed for the flyover,” adding that “temporary restorations will occur periodically.”
With barely two months left to meet the deadline for NH-415’s Package B construction (from Papu Nallah to Nirjuli), road restoration in Itanagar’s 6 Kilo area began late, after commuters faced dangerous conditions due to deep potholes. Many two-wheeler riders have experienced accidents due to the poor and unmaintained road.
