'Unacceptable In A Civilised Country': Meghalaya High Court Slams NHAI For Neglecting NH-6 Potholes, Deteriorating Roads

The bench comprising Chief Justice Sanjib Banerjee and Justice B Bhattacharjee found the situation entirely unacceptable in a civilized country and expressed disappointment that it had to remind a central body like NHAI of its duties and responsibilities.

“This is completely unacceptable in a civilised country and it is a shame that the Court has to remind a Central body as the NHAI as to what its duties and responsibilities may be. As it is, the terrain in the State is difficult to negotiate and far flung areas wait for supplies and essentials. This supply chain is completely disrupted by the poor conditions of roads, particularly of the nature in the Jowai-Ratcherra stretch of NH-6”.

In a status report dated October 3, 2023, the NHAI had informed the court that a new contractor was engaged on September 29 for repair operations on NH-6 from Sonapur (km 141+500) to Ratacherra (km 171.455).

Additionally, the existing contractor had been tasked with repair work from Jowai (km 69.20) to Sonapur (km 141.50). The report detailed various repair tasks, including filling potholes, drain cleaning in Khliehriat, pavement repair, and addressing issues at the Sonapur tunnel area. The report stated that these measures would hopefully alleviate the problems faced by local citizens and the vehicles travelling on this stretch of NH-6.

However, the petitioner presented photographs taken on October 4, 2023, from various locations near NH-6 which depicted the deplorable condition of the roads, with potholes that resemble craters and no signs of blacktopping in these areas. 

Expressing deep concern, the bench urged for immediate repair work to restore the navigability of the entire stretch from Jowai to Ratecherra and emphasized that no road or highway in the country should be allowed to deteriorate to such a pitiable state.

It also highlighted that the challenging terrain in the state already posed difficulties for transportation, and poor road conditions exacerbated these challenges, disrupting the supply chain to far-flung areas.

The court noted that local officials of the state should have reported this matter to higher authorities in Shillong well in advance to prompt NHAI to ensure the road's better condition. 

“Local officials of the State ought to have reported the matter well in advance to the higher authorities in Shillong for NHAI to be persuaded to ensure that the road was in better condition and not reduced to the pitiable state as evident from the photographs”.

Additionally, the bench mandated that both NHAI and the Deputy Commissioner of the East Jaintia Hills district submit independent reports on the status of the NH-6 stretch and set a deadline for the repair and renovation of the Jowai Bypass, expecting the state authorities to complete the work within the next four weeks, considering the receding monsoon.

The court directed that the repair work be completed within the next month or so, making the entire stretch from Jowai to Ratacherra more navigable. It emphasized the urgency of taking up more permanent repair work thereafter to prevent such deterioration of the road.

The court has listed the matter on November 6 for further consideration.

Case Title: Kynjaimon Amse Vs National Highways Authority of India (NHAI) & Ors

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