Gauhati High Court Expresses Concern Over "Deplorable" Condition Of NH 415 Near Itanagar, Seeks Progress Report

The Gauhati High Court recently imposed a cost of Rs. 5000/- on the Arunachal Pradesh Government authorities for not furnishing a status report on the four-laning of Itanagar to Banderdewa section of NH 415.

The division bench of Justice Kalyan Rai Surana and Justice Kardak Ete further observed,

“In the event, the status report as indicated above along with the bar chart showing the timelines and milestones and other documents required by this Court is not produced on the next date, the respondent Nos.1 to 6 shall take note that the Court may pass appropriate orders for personal appearance of the concerned Officials for which appropriate orders would be passed on the next date, in the event of default.”

The Court was hearing a PIL highlighting the deplorable condition of NH-415 between Banderdewa to Itanagar section. The Counsel appearing for the petitioner submitted that the condition of the road from Barapani Bridge to A-Sector area of Naharlagun, which is of a length of 3.95 KM, a flyover is envisaged to be constructed. It was further submitted that only 11 pillars out of 147 numbers of total pillars have been constructed.

Therefore, it was contended that it is impossible for the National Highway Authority of India (NHAI) or the State PWD (NH Division) to complete the proposed construction within the contract period of December, 2024 with the progress so far displayed by the private contractors i.e. respondents No.7 and 8.

The Court vide order dated August 27 had asked the State Government to place the status report of the project indicating the progress made upto August 31, 2024. However, the Government Advocate could not produce the same.

It was highlighted by the petitioners that the State has not constructed a footpath alongside the said stretch of road which causes immense public inconvenience in traversing 3.95 Km stretch where the over-bridge is envisaged/planned, which causes immense problem to pedestrians, especially for the ladies.

It was further submitted that after the registration of the present PIL, some half-hearted topping work has been done in two sides of the road which is still not motorable and therefore, the traffic congestion in that area has become a bane for the citizens.

The Court directed the Government authorities to ensure that on the next date the status report of the work is placed before it without fail.

“The respondents No.1 to 8 shall all ensure that they independently provide to the Court a bar chart indicating various timelines and milestones by which the progress of the work required to be achieved as per the contract agreement is shown. They would also provide before the Court the relevant part of the contract agreement disclosing the date by which the work is required to be completed. They would also provide to the Court the numbers of men, equipments and machineries which are required to be available for completion of work,” the Court said.

The Court further asked the contractors to inform it of the reasons why appropriate men, machineries and equipments have not been put to use from the commencement of contract till date. It also directed the Government authorities not to enter into any agreement with the contractors for price escalation without the leave of the Court.

“The pendency of this PIL shall not be constituted as a bar for the appropriate authorities to take a decision as to whether the contractors are at default in the completion of work and take any such measures as they may be so advised and to ensure that the work is completed within the timeline,” it said.

The Court further directed the Government authorities to inform it as to the steps, if any been taken for construction of footpath at least to enable the pedestrians to walk on the particular stretch of road and the measure, if any, they would take to enable the pedestrian to walk on two sides of the said stretch of the road even if they don't have a plan to make construction of the foot path immediately.

The matter is listed again on October 28.

Case Title: Vijay Jamoh & Anr. v. The State of Arunachal Pradesh & 7 Ors.

Case No.: PIL/11/2024

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