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2015 DIGILAW 444 (HP)

Court on its own motion v. State of H. P.

2015-05-02

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT : Mansoor Ahmad Mir, C.J. (Oral) Mr.Shrawan Dogra, learned Advocate General, stated that the respondents have filed two status reports, dated 6th April, 2015 and 25th April, 2015. 2. In the status report, dated 25th April, 2015, it is stated that the first milestone would be achieved by June, 2015, subject to the weather conditions. It is apt to reproduce the relevant portion of the affidavit hereunder: ?……….All of them assured that they will work to their full capacity to achieve first milestone by June 2015 subject weather conditions remain favourable.? 3. The learned Amicus Curiae argued that the progress of the work is not reasonably good and the way the things are shaping are also not satisfactory. 4. Mr.Rajinder Dogra, Advocate, has filed CMP No.4428 of 2015 for interim directions to the respondents to start metaling of the road at least 3 meters in width from Theog to Rohru and also to depute some expert from the Horticulture and Agriculture Departments to educate the farmers and fruit growers to save their plants and vegetables from the diseases caused due to dust and environmental pollution. 5. Newspaper cutting containing the speech of the Chief Minister, delivered on the floor of the Assembly, has also been annexed as Annexure A-1, wherein the Chief Minister has also expressed his concern about the execution of the work. 6. Mr.Rajender Dogra has also filed response to the status reports, by the medium of CMP No.4429 of 2015, and refuted the averments contained in the status reports. 7. We have passed the interim orders right from the institution of this petition till 23rd March, 2015 and commanded all the respondents to do the needful and achieve the milestone, without any delay, so that the public, in general, who is the sufferer and is suffering badly, is in a position to reap the benefits. 8. We have gone through the status reports, which are suggestive of the fact that required progress has not been made till the filing of the status reports. It is also apparent from the record that the respondents are repeatedly taking the stand that the delay in the execution of the work, in question, is due to the bad weather conditions. 9. The construction technology has undergone a sea change and the advancement in the field of construction has transformed the entire world. It is also apparent from the record that the respondents are repeatedly taking the stand that the delay in the execution of the work, in question, is due to the bad weather conditions. 9. The construction technology has undergone a sea change and the advancement in the field of construction has transformed the entire world. It has been experienced that with the help of technology, even in the zones where temperature remains in minus, the construction work is being carried out smoothly. 10. Mr.Satyen Vaidya, learned counsel for respondent No.3, argued that the contractor has to execute the work strictly in terms of the advice and the direction of the Consultant. 11. The learned Amicus Curiae stated that the World Bank report also discloses that the Consultant is not performing the job satisfactorily. Therefore, we deem it proper to array the Consultant, i.e. M/s LOIUS BERGER GROUP, Construction Supervision Consultant, B-7, Lane-I, Sector-I, New Shimla, through its team leader Mr.Andrew Boghle, as party respondent, who shall figure as respondent No.4 in the writ petition. 12. Issue notice to the newly added respondent No.4 for causing appearance before this Court on the next date of hearing and also to file reply/status report by or before the next date of hearing. 13. Keeping in view the facts and circumstances and the discussion made hereinabove, we are of the view that the subject matter of the lis is to be declared custodia legis, but we refrain to do so for the time being and deem it proper to constitute a Committee of two members, namely – i) Shri B.L. Soni, District & Sessions Judge (Retd.) and; ii) Shri Arun Sharma, Chief Engineer (Retd.), to monitor the progress of the work in question. The Committee Members shall visit the spot fortnightly and submit their report about the progress of the work and also give suggestions, in order to take the work to its logical end. 14. The Chief Secretary is held personally responsible for providing all facilities to the Committee Members, so that they are in a position to visit the spot and prepare the reports etc. The remuneration of each Member, per visit, is fixed at Rs.20,000/-, which shall be borne out by the State Government. 15. List on 18th May, 2015. 14. The Chief Secretary is held personally responsible for providing all facilities to the Committee Members, so that they are in a position to visit the spot and prepare the reports etc. The remuneration of each Member, per visit, is fixed at Rs.20,000/-, which shall be borne out by the State Government. 15. List on 18th May, 2015. In the meantime, all the respondents are also directed to file the status reports in terms of the orders passed by this Court from time to time. Copy dasti.