Court On Its Own Motion v. National Highway Authority Of India
2018-12-27
AJAY MOHAN GOEL, SURYA KANT
body2018
DigiLaw.ai
JUDGMENT 1.The National Highway Authority of India (NHAI) has filed a status report dated 26th December, 2018, through its Project Director, which is taken on record. Record reveals that for the purpose of upgradation of four laning of the National Highway-88 (Shimla to Mataur), the Project has been divided into five packages. (i) Package-I: Shimla to Shalaghat. (km. 0.00 to Km. 25.200) (ii) Package-II: Shalaghat to Nauni Chowk. (km. 25.200 to km. 60,600) (iii) Package-III: Bagher to Start of Hamirpur Bypass. (Km. 77/400 to Km. 119.400) (iv) Package-IV: Hamirpur Bypass to Start of Jwalamukhi Bypass. (Km. 119.400 to Km. 157.00) (v) Package-V: Jwalamukhi Bypass to Kangra Bypass. (Km. 157.00 to Km. 193.420). 2. It is revealed that M/s Inter Continental Consultants & Technocrats A-8, Green Park, New Delhi (respondent No. 7), is the Consultant hired for carrying out detailed survey work. The said Consultant had submitted final DPR only in respect of one Package, i.e. Package No. (v) in November, 2018. Thereafter, NHAI has called the tender for four laning of this package and the last date for submitting of tender is 28th January, 2019. 3. As regards the remaining four Packages, the Consultant has submitted the draft DPRs, which are in the process of finalization. The record further reveals that the Consultant was hired on 24th March, 2017 and it was required to complete its project of submitting of DPRs before 29th November, 2017. The Consultant did not do so, hence, the time was further extended till 31st December, 2018 and there is no likelihood of its submitting the final DPRs even during the extended period and it appears that NHAI is left with no other option but to further extend the time limit for 4-5 months. 4. Though status report filed by the NHAI is also indirectly suggesting/accusing Competent Authority for Land Acquisition (CALA), i.e. SDMs of the area concerned, for the delay in acquisition of the land but it is not disputed that the acquisition of the land can be made only when the DPR is finalized. Unless the Consultant submit the final DPRs in respects of the above mentioned five Packages, it is difficult to attribute any delay to CALA-cum-SDM of the concerned area. Regards thereto, learned Advocate General assures that there shall be no delay on the part of CALA/State Government in acquisition of the land or handing over its physical possession to the NHAI.
Unless the Consultant submit the final DPRs in respects of the above mentioned five Packages, it is difficult to attribute any delay to CALA-cum-SDM of the concerned area. Regards thereto, learned Advocate General assures that there shall be no delay on the part of CALA/State Government in acquisition of the land or handing over its physical possession to the NHAI. What we find from the status report is that NHAI is not serious re: enforcement of contractual obligations on the Consultant, who, despite being impleaded as party respondent, has chosen to remain absent today in the Court. We direct the Chairman of the NHAI to intervene in the matter and ensure that Consultant submits final DPRs in respect of remaining four Packages by 30th April, 2019. No further payment shall be released to the Consultant without prior permission of this Court till it completes the agreed projects. In the event of delay on the part of the Consultant, this Court shall be constrained to impose exemplary costs. The Managing Director of M/s Inter Continental Consultants & Technocrats A-8, Green Park, New Delhi, is directed to remain present in the Court on the next date of hearing and submit an undertaking in terms of the directions given above. The Officer(s)/ Official(s) of the NHAI present in the Court today are directed to communicate this order to M/s 5. Inter Continental Consultants & Technocrats A-8, Green Park, New Delhi and ensure the presence of its Managing Director on the next date of hearing. 6. Post on 04.01.2019.