Supreme Court Stays Calcutta HC Order Imposing Rs 100 Crores Cost On NHIDCL For Failure To Repair NH-4 In Andamans

The Supreme Court on Monday stayed the order of the Calcutta High Court, Circuit Bench at Port Blair, which had imposed a cost of Rs 100 crores on the National Highways and Infrastructure Development Corporation Limited (NHIDCL) for failing to repair the National Highway-4 (NH-4) in North and Middle Andaman on a timely basis. Although the bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra stayed the order of the High Court, in order to hold the NHIDCR accountable, it also directed the NHIDCR to file within three weeks, a comprehensive status report indicating the status of the repairs carried on the NH-4 and a time period required for completely repairing the same. 

The court was hearing a plea filed by the National Highways & Infrastructure Development Corporation Limited against the order of the Calcutta High Court, Circuit Bench at Port Blair, which had directing it to deposit a total of Rs.100 crores with the Registrar, Circuit Bench at Port Blair, within two weeks due to an inordinate delay in repair and reconstruction of National Highway – 4 in North and Middle Andaman. This amount encompasses Rs. 85.5 crores, equivalent to the cost of repairing the 57 kilometers stretch, plus an additional Rs. 14.5 crores to account for potential repair and reconstruction work arising from the monsoon season of 2023.

At the outset, CJI DY Chandrachud remarked–

"We will stay this order but what have you done to restore or repair the national highway?"

To this, counsel appearing for the NHIDCL responded that the Corporation was working very hard towards repairing the highway but the delay was caused due to stone quarries being unavailable. Additionally, he stated that 34 kms forest clearance was also required to be obtained by the Andaman Government to carry out the repairs.

CJI DY Chandrachud responded to this saying–

"Stone quarries and all- we won't hear. This is not an excuse. We will stay the order for now because the High Court has imposed Rs 100 crores on you. But we will hold you accountable."

Accordingly, post staying the order, the CJI added–

"The petitioners shall within a period of three weeks, file a comprehensive status report indicating the status of the reconstruction and the time period required for repairing on NH-4."

The Calcutta High Court had taken a suo-moto cognisance of the matter after noting inordinate delay in repair and reconstruction of the Highway. The High Court had passed a total of 12 orders in the matter to implement the reconstruction and repair work of the highway. 

Case Title: National Highways And Infrastructure Development Corporation Limited v. The Registrar, Circuit Bench At Port Blair And Ors. SLP(C) No. 13609/2023

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