ORDER : 1. Mr. Anand Kumar Singh, Member Project, NHAI is present today to assist the Court pursuant to our order dated 17th May, 2018. Mr. K. Srinivas Rao, Managing Director of Concessionaire is also present. 2. Member Project, NHAI and learned Senior Counsel representing the NHAI both have made submissions. They have informed us that the Board of NHAI has considered the proposal of One Time Fund Infusion Scheme (OTFIS) in the light of No Objection Certificate granted by the Consortium of Banks and the conditions stipulated by them as well. Consortium of Banks have stipulated the conditions that no additional funding would be made by the existing lenders and that NHAI has to agree to fund the balance cost over and above the OTIF of Rs. 223.85 Crores for completion of the project. This would require further funding of approximately Rs. 500 Crores towards completion of project. The Board has been faced with a dilemma whether to proceed with infusion of further funds under OTFIS with the present Concessionaire, considering his past record and the direction issued by this Court earlier on 14th November, 2017 for inquiry by the Serious Fraud Investigation Office (SFIO). Apart from the above, the Board while considering the proposal for OTFIS also requires submission of undertaking by the Consortium of Bank to concede first charge to NHAI; timely completion of project by Concessionaire as undertaken earlier on its part and obtaining of other statutory clearances from the competent authority. The Board would also not entertain any additional claim on the part of the Concessionaire while taking such a decision. 3. SFIO has already submitted its report. Learned ASGI has produced the report in a sealed cover which has been opened in Court today. The report, in two copies have been perused by us. Apart from the inquiry report, two copies of Annexures and two Compact Disc have also been submitted in a sealed cover. Before proceeding to take a decision on the basis of report, we consider it proper to give an opportunity to the concerned parties i.e., Respondent-Canara Bank being the Lead Bank of Consortium of Banks, NHAI, Concessionaire and also the State Government to inspect the report. The report shall be kept in a sealed cover in the custody of Learned Registrar General. The report shall be kept in a sealed cover in the custody of Learned Registrar General. These parties through their authorized representative and their counsel are at liberty to inspect the report by making a request before learned Registrar General. Learned Registrar General would accordingly fix the date and time for inspection of the report by the concerned parties. Needless to say inspection shall be made in the presence of an officer of the Court as nominated by learned Registrar General. 4. Affidavit in relation to the progress of project has also been filed today by NHAI. It states that Principal Chief Conservator of Forest has been requested through letter no. 2021 dated 4th January, 2018 to take necessary action for de-notification of 4.117 Hectares of land in Dalma Wildlife Sanctuary as it was done in case of de-notification of land falling in Baliguma Eco-sensitive Zone. This is in the light of revised proposal required to be submitted for grant of Stage-1 approval for diversion of 9.7691 Hectares of forest land under Seraikela & Jamshedpur Forest Division. Proposal for Wildlife Clearance from National Board of Wildlife in respect of 4.117 Hectares of land falling in Wildlife area has been uploaded after addressing the short comings on 7th June, 2018 itself. A detailed proposal has been submitted to NHAI-Head Quarter for construction of 5 Elephant Underpasses which is under consideration. Valuation of structures in Government land at Bundu has been done and necessary fund has been provided to Account of competent authority for disbursement to the beneficiary. Overall cumulative Physical Progress achieved up to 31st May, 2018 is 50.24% which is same as on 30th April, 2018. There is no progress in the month of May, 2018. Working permission for construction of 11.4082 Hectares of land also has not been given although compliance of Stage-I conditions have been met on 4th April, 2018. 5. Department of Forest, Environment and Climate Change, Government of Jharkhand has filed an affidavit today sworn by Divisional Forest Officer, DIR & Administration Ranchi. It refers to the proposal for diversion of revised area of 11.4082 Hectares of land as per the Government of India’s letter dated 18th January, 2018 granting Stage-I approval. NHAI deposited compensatory levies and requested to grant working permission and to accord Stage-II clearance. It refers to the proposal for diversion of revised area of 11.4082 Hectares of land as per the Government of India’s letter dated 18th January, 2018 granting Stage-I approval. NHAI deposited compensatory levies and requested to grant working permission and to accord Stage-II clearance. The power of extension of one year period lies with the MoFE&CC, Government of India, as per letter dated 28th August, 2015. On receipt of application of NHAI, the State Forest Department has dealt it most expeditiously and forwarded the proposal to the MoFE&CC, Government of India vide its letter no. 2396 dated 7th June, 2018 with the recommendation to grant Stage-II approval/working permission with the condition that the User Agency (NHAI) should prepare DPR within three months for construction of under passes/Subways proposed in Ranchi-Rargaon, Hazaribagh-Ranchi and Rargaon-Mahulia section of NH-33 and start the construction work for the same within six months. Besides the above, User Agency (NHAI) had submitted Online proposal for wildlife clearance on 30th May, 2018. After rectification thereof, in pursuance of letter dated 7th June, 2018 of Deputy Conservator of Forest-cum-Field Director, Project Elephant, Jamshedpur, revised proposal has been submitted on 11th June, 2018 which is under consideration. 6. Another affidavit on behalf of Department of Mines and Geology has also been filed by G.P.II, Mr. Rajeev Ranjan Mishra. 7. Respondent no. 7-Canara Bank has filed an affidavit pursuant to our order dated 17th May, 2018 in order to answer the particular observation made therein vis-à-vis the members of Consortium of Bank. Learned Senior Counsel for Respondent-Bank submits that a meeting of member Banks was held on 14th June, 2018. Eight of the Banks have apprised the Lead Banker that the decision to disburse the pending letters of credit note (LCN) is pending for approval before the sanctioning authority. However, Punjab & Sind Bank have paid their LCN share of Rs. 86.00 lacs on 24th May, 2018. Lead Bank had requested the above lenders to expedite the process and disburse the pending LCNs at the earliest. 8. Learned counsel, Mr. Anoop Kumar Mehta representing the Concessionaire submits that an affidavit has been filed on behalf of respondent no. 6 on 12th June, 2018. In essence, it has indicated that it is ready to proceed with the work subject to disbursement of fund. It has also submitted that no claim on account of prolongation of pending work would be made. Anoop Kumar Mehta representing the Concessionaire submits that an affidavit has been filed on behalf of respondent no. 6 on 12th June, 2018. In essence, it has indicated that it is ready to proceed with the work subject to disbursement of fund. It has also submitted that no claim on account of prolongation of pending work would be made. Besides this, statements have been made about work programme and other supplementary documents. Concessionaire is willing to execute the remaining part of the project subject to availability of funds. 9. Let the matter be listed on 28th June, 2018 at 2:15 PM. 10. Member Project, NHAI should also remain present on the next date to assist the Court. NHAI, in the meantime, is also expected to take appropriate decision regarding the execution of project. 11. I. A. No. 4830 of 2018 stands disposed of. I.A. disposed of.