Court on its Own Motion v. Union of India through its Secretary, Ministry of Road Transport and Highways, New Delhi
2018-11-29
ANIL KUMAR CHOUDHARY, APARESH KUMAR SINGH
body2018
DigiLaw.ai
ORDER : 1. Affidavits have been filed today on behalf of NHAI and lead bank (Canara Bank). 2. Affidavit of NHAI contains the progress report as indicated in the order dated 26.09.2018. Joint measurement of executed work was finalized on 26.09.2018 in the presence of Independent Engineers / Concessionaire and Lender’s representative. Meetings have been held to finalize the OTS at NHAI Headquarters on 17.09.2018, 11.10.2018 and 26.11.2018 with senior Lenders, representative of the Concessionaire, Independent Engineers, Regional Officer, Ranchi and Senior Officer at NHAI Headquarters. However, consensus on OTS has not yet been arrived. Repair and maintenance of Ranchi-Rargaon-Jamshedpur section from km 139.230 to km 277.500 of NH-33 has been awarded to M/s Jai Mata Dee Construction on 23.10.2018 and the work is in progress. By way of a chart under para-7, status of bids of three packages have been furnished and is incorporated hereunder: Sl. No. Package Length (in Km) Invitation of Request For Proposal (RFP) Revised bid due date 1. Package-I (Km 113.730 to km 140.000) 26.270 05.10.2018 06.12.2018 2. Package-II (Km 140.000 to km 217.300) 77.300 12.10.2018 06.12.2018 3. Package-IV (Km 233.350 to Km 277.568) 44.218 25.09.2018 06.12.2018 Last date for the bid of package no. I and IV has been extended to 06.12.2018 on the request of the bidders. The bid for package no. III from Km 217.300 to Km 233.350 (16.05 Km length) shall be invited shortly after wildlife clearance of 4.117 Hectare from National Board for Wildlife in respect of village Pata, Saharbeda, Chilgu and Kanderbeda and Stage-II forest clearance for 3.0507 Hectare in village Saharbeda and Chainpur. 3. Learned Senior counsel for the NHAI submits that the bids in respect of these three packages are to be opened on 06.12.2018 and are likely to be finalized within the next 2-3 weeks thereafter. Learned Senior counsel submits on instructions that there are certain issues of land acquisition in relation to package no. I which are being sorted out with the State authorities. 4. Learned counsel for the Union of India and State Government both have assured to take up the matter of wildlife clearance and forest clearance under package no. III with the competent authorities in order to expedite the requisite clearances. 5. Learned Senior counsel for the lead Bank Mr.
I which are being sorted out with the State authorities. 4. Learned counsel for the Union of India and State Government both have assured to take up the matter of wildlife clearance and forest clearance under package no. III with the competent authorities in order to expedite the requisite clearances. 5. Learned Senior counsel for the lead Bank Mr. Jai Prakash has referred to the gist of the Minutes of meetings held under NHAI to discuss the OTS offer on the aforesaid dates. Both Lenders and Concessionaire have agreed in principle for One Time Settlement. Lenders have also requested the NHAI to consider the expenses incurred towards designs, preliminaries, etc. apart from the actual executed work. Final figures of the OTS have not yet been arrived at. 6. Learned counsel for the Concessionaire submits that the status report furnished by the NHAI and Bank convey the present status of facts. Concessionaire has also been participating in the discussion to arrive at OTS. 7. In view of the aforesaid facts and progress made both towards appointment of new EPC Contractor and finalization of OTS, we post the matter after four weeks on 07.01.2019 at 3.30 pm as unfixed case. 8. It is pertinent to observe here that this Court, during the proceedings of this PIL, which was initiated to prevent and regulate large scale indiscriminate felling of trees for widening of roads, taken note of the undue delay in the construction of the 4 lane Highway on NH-33 and passed several orders to monitor its progress. Reference may be made to the first order dated 14.07.2014 whereunder, this court took suo-motu cognizance of the matter on the basis of a newspaper report that thousands of trees are being cut fearlessly for road construction and after cutting, saplings are not being planted. Instances of certain sections of different National Highways including NH-75E and 75, NH23, Ring Road etc. were also made in the same order. By order dated 17.06.2015, a committee was constituted for protection of trees while undertaking widening of the road. One of the members of the committee learned Advocate of this court Mr. Delip Jerath has passed away during pendency of this PIL. In his place, we appoint Mrs. Vandana Singh, Advocate, Jharkhand High Court on the committee. By subsequent order dated 27.07.2015, this court observed as under: 15.
One of the members of the committee learned Advocate of this court Mr. Delip Jerath has passed away during pendency of this PIL. In his place, we appoint Mrs. Vandana Singh, Advocate, Jharkhand High Court on the committee. By subsequent order dated 27.07.2015, this court observed as under: 15. The respondent –State authorities are directed to take necessary steps for plantation of the trees in the afore-narrated manner and procurement of required machines for re-plantation of the trees. It is also expected from the state government that the judgment delivered by the Hon’ble Apex Court and the guidelines issued by the Ministry of Forest and Environment from time to time in this regard are also followed strictly. The State Government is directed to resolve that henceforth all proposals for cutting /removal of trees received in the office of the D.F.O., Ranchi, and other D.F.O.'s of the State shall not be sanctioned in a mechanical manner. All such proposals before being approved by the competent authority, shall be referred to and scrutinized by the High Powered Committee, consisting of –i) Chief Conservator of Forests, Ranchi; ii) Superintendent Engineer, RCD, Ranchi; iii) CEO, RMC, Ranchi; iv) Vice Chairman, RRDA; v) Representative of the Requisitioning Dept., and vi) D.F.O., Ranchi, East. The terms of the reference of this committee shall be as follows: (i) To scrutinize the project in detail and see if it is indispensable to execute the project or not. (ii) To scrutinize and examine whether an alternative site or alignment is feasible that can minimize the number of trees that are proposed to be felled. (iii) Suggests the site and number of compensatory trees that must be planted by the requisitioning department. The committee must hold its meeting within a week of the receipt of the proposal. As far as feasible, the site must be inspected by the committee before formulating its opinion on the 12 issue. The competent authority i.e. DFO, Ranchi East, shall act on the recommendations of the said committee. The permission granted by the DFO shall be reviewed by the High Powered Committee as mentioned hereinabove. It is useful to make reference to the order dated 31.08.2016 whereunder, para-18 of the order dated 27.07.2015 was modified in the manner indicated therein. 9. In this background we deem it proper to request learned counsel for the State Mr.
The permission granted by the DFO shall be reviewed by the High Powered Committee as mentioned hereinabove. It is useful to make reference to the order dated 31.08.2016 whereunder, para-18 of the order dated 27.07.2015 was modified in the manner indicated therein. 9. In this background we deem it proper to request learned counsel for the State Mr. Rajiv Ranjan Mishra to take instructions from the concerned Respondent official and the committee and submit a report on affidavit whether and in what manner the exercise contemplated for protection of the trees and planation in the widening of Highways such as in the widening of NH-75 and other National Highways in the State, have been carried out. 10. Let a copy of the instant order along with the orders dated 14.07.2014, 17.06.2015, 27.07.2015 and 31.08.2016 be handed over to the learned counsel for the State. 11. Matter is posted for 07.01.2019 at 3.30 p.m. as unfixed case.