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2018 DIGILAW 2293 (HP)

Court On Its Own Motion v. National Highway Authority Of India

2018-12-26

AJAY MOHAN GOEL, SURYA KANT

body2018
JUDGMENT 1. The four-laning of National Highway-21 from Kiratpur to Nerchowk has been divided into five segments by the National Highways Authority of India. The latest status report placed on record clearly suggests that the work on at least three segments, namely, (i) Kiratpur to Nerchwok; (ii) Nerchowk to Pandoh Bypass; and (iii) Pandoh Bypass to Takoli is going on at such a slow speed that there is no likelihood of its being completed in near future. 2. The status report further reveals that NHAI is likely to indulge in litigation with one or two concessionaires and in the entire blame-game the ultimate sufferer would the General Public, for the time period within which the work was to be completed is already over. 3. As of now, we do not want to comment upon the conduct of NHAI except to direct that it is the sole responsibility of NHAI to take a final decision within four weeks as to how to commence the work on Kiratpur-Nerchwok segment and to further expedite the extremely slow work going on at Nerchowk- Pandoh Bypass and Pandoh Bypass to Takoli segments. In case, the NHAI does not come out with a concrete road map for recommencement of the work and its completion in a time bound manner, we will be constrained to summon the Chairman, NHAI and Secretary, Ministry of Road Transport and Highways. The concessionaire from the Nerchowk to Pandoh Bypass segment is directed to file an undertaking regarding time frame within which the work will be completed, failing which this Court will be constrained to attach all the moveable and immovable assets of the Company and pass a restraint order against the NHAI from releasing any further payments. 4. List on 28th February, 2019.