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2005 DIGILAW 1313 (SC)

M. C. Mehta v. Union of India

2005-08-18

ARIJIT PASAYAT, S.H.KAPADIA, Y.K.SABHARWAL

body2005
ORDER : 1. The order passed by this Court on 11th March,2005, on considering the report filed by National Highway Authority of India (NHAI), noted that the said Authority had started the process for calling bids for appointment of consultants for preparation of Project Report in respect of construction of Eastern Peripheral Expressway and that the expert consultant viz. RITES had indicated the time schedule for preparation of detailed Project Report for Eastern Peripheral Expressway. The said time schedule is noted in the order dated 11th March, 2005 stipulating that the time is to reckon from the effective date of contract with DPR consultant and the figures given therein are accumulative period. 2. As far as Haryana State Industrial Development Corporation is concerned, it has filed an affidavit of its Executive Director detailing the progress made in respect of Western Pheripheral Expressway. One of the issues raised in that affidavit is about the amounts which, according to Haryana, are to be made available by Delhi Government. As per the affidavit, Delhi Government has been asked to provide a sum of Rs. 653 crores as their share to meet the cost of the land to be acquired for the Project. The officers from Haryana as well as Uttar Pradesh Government are present. 3. Learned counsel on instruction from officers from U.P. states that practically nothing seems to have been done from March by the UP Government till date under the impression that for Eastern Express Highway everything was required to be done by NHAI. They have assured the Court that full cooperation would be extended so as to see completion of this Project as per the schedule indicated in the orders already passed. 4. Having regard to the nature of the Project and the desirability of its completion within the stipulated period, we deem it expedient to appoint a Monitoring Committee to take all decisions whether be it in respect of technical or financial matter or any other matter in relation to the Projects in question. The Monitoring Committee shall comprise of Secretary of the concerned Ministry dealing with construction of Highways as its Chairperson with Chief Secretaries of U.P, Haryana and Delhi and Chairman, NHAI and Chairman, EPCA, Mr. Bhure Lal, as members of the Committee. We leave it to the Chairman of the Committee to appoint an appropriate officer to act as Member Secretary of the Monitoring Committee. Bhure Lal, as members of the Committee. We leave it to the Chairman of the Committee to appoint an appropriate officer to act as Member Secretary of the Monitoring Committee. The Monitoring Committee shall file progress report giving up- to-date status in this Court every six weeks. The decisions taken by the Monitoring Committee shall be acted upon by all concerned States or agencies in connection with the projects under construction. We give liberty to the Monitoring Committee to seek further direction from this Court, if need be. 5. The issues raised in the affidavit of Haryana State Industrial Development Corporation above referred, would also be considered by the Monitoring Committee. To consider the first report to be filed by the Monitoring Committee, the matter be listed on 28th October, 2005.