High CourtsDivision Bench(2023) 02 MEG CK 0028

Arnold G. Momin vs State Of Meghalaya & Ors.

Meghalaya High Court · Decided on 10 February 2023

HON’BLE JUDGES
Sanjib Banerjee, CJ · W. Diengdoh, J
CASE NUMBER
Public Interest Litigation No. 2 Of 2020

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Judgment

55 paragraphs · 561 words

The plea in the present petition is for the construction of a road between Chiminmingre and Kakwa Duragre.

The Chief Engineer of PWD (Roads) has recently forwarded a proposal for the construction, including metaling and blacktopping, of a road from Jakopgre to Kakwa Duragre of estimated length of 7.620 km. The State says that the matter is under consideration and it is possible that administrative approval may be accorded expeditiously if the proposal is found to be in order.

If the proposal comes through – and there is no reason why it should not unless the cost estimates are revised – the petitioner’s grievance would have been sufficiently addressed and the needs of the local people around the stretch would be met. The petitioner says that there is already a road in place between Chiminmingre and Jakopgre. Once Jakopgre is connected to Kakwa Duragre, there will be complete access between Chiminmingre and Kakwa Duragre.

Let the matter appear six weeks hence to ascertain whether the administrative approval for construction of the road between Jakopgre to Kakwa Duragre has been granted and the steps, if any, taken for the project to get underway. In the meantime, the State should not neglect to maintain the previously constructed stretch of road between Chiminmingre and Jakopgre.

At the time that the matter was taken up on the last occasion on December 8, 2022, it was noticed that an announcement had been made by the Union Minister for Surface Transport in Guwahati regarding augmentation of funds for construction of roads in the North-Eastern States. The announcements pertained to new highways in the State of Meghalaya. Accordingly, the State was requested to ascertain what highways or what stretches of road would be constructed by the National Highways Authority of India in the State so that the State could concentrate on the other roads and the ancillary roads picking up traffic from and feeding traffic into the national highways in the State. On behalf of the State, a letter dated February 8, 2023 issued by the Public Works Department of the State to Advocate representing the State in this matter has been placed. The letter appends a list of upcoming projects for Meghalaya to be funded by the Union and implemented by the NHAI or the NHIDCL. The details of the projects are set out:

Sr.

No.

Name of Project

Length

(km)

Cost

(Rs.Crore)

Status

1.

Shillong–Western

bypass

38

2205

DPR being

prepared

2.

Dainadubi-Darugre-

Williamnagar

80

4350

DPR under

review

3.

Mawlyngkhung-Mawrynkneng

(Shillong Eastern

bypass),

Mawryngkneng-West Jaintia Hills & Jowai bypass

75

4100

DPR under

review

4.

Paikan-Tura

56

1827

DPR under

progress

5.

Phulbari-Tura

63

740

DPR

under progress

6.

Dudhnoi-Rongjeng- Baghmara-Dalu

150

2400

DPR under progress

Thus, it is evident that the key and more strategic roads are being constructed directly under the aegis of the Union. This should allow more expenditure by the State on the State’s roads and the highways other than those that are being maintained or constructed by the NHAI or its associate NHIDCL. It is hoped that sufficient progress is made in the highways to be funded by the Union. The status pertaining to the construction, maintenance and enhanced facilities should be indicated when the matter appears next six weeks hence. A firm stand on the proposed projects should be indicated on the returnable date.

List on March 24, 2023.