High CourtsDivision Bench(2022) 11 MEG CK 0021

A.H. Hazarika vs State Of Meghalaya & Ors

Meghalaya High Court · Decided on 18 November 2022

HON’BLE JUDGES
Sanjib Banerjee, CJ · W. Diengdoh, J
CASE NUMBER
Public Interest Litigation No. 15 Of 2018

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Judgment

7 paragraphs · 348 words

From the report filed by the State pertaining to the construction of the Agia-Mendhipara-Phulbari-Tura (AMPT) Road, it appears that sufficient progress has been made, that at least a 33 km stretch has been completed and work is in full swing in the rest of the stretches.

The petitioner, appearing in person, had complained of a 41 km stretch out of which the petitioner accepts that work on a stretch of 33 km has been satisfactorily completed. The petitioner, however, complains that the work on the remaining part of the 41 km stretch has been awarded to six different contractors and, in any event, the work undertaken by the contractors is sub-standard. The petitioner apprehends that within a month or so after the purported completion, the road may subside and the black-topping may no longer be in existence.

Over several short stretches of the AMPT Road, a number of contractors have been engaged. The State says that this has been done to expedite the work, particularly since local contractors may not have the resources to undertake work on larger stretches and complete the same within a short time.

As to the quality of construction in the 9 km stretch of the 41 km road that the petitioner complains of, the statement appended to the latest report filed reveals that the work entrusted is the usual as would be in respect of the construction or repair of any road. The Supervising Engineer of PWD (Roads) overseeing the construction of such stretch is requested to ensure that the standard as required of the contractor is maintained such that there is no deterioration in the condition of the road shortly after the completion of construction.

Indeed, the State would do well to seek a kind of warranty so that the contractors are liable to carry out the repair work if a road appears damaged or gives way within a specified time after the completion of its construction.

Let the matter now appear eight weeks hence in the hope that substantial progress would have been made by then.

List on February 20, 2023.