High CourtsDivision Bench(2022) 02 SIK CK 0019

Court On Suo Motu vs Secretary, Ministry Of Surface Transport & Ors

Sikkim High Court · Decided on 17 February 2022

HON’BLE JUDGES
Biswanath Somadder, CJ · Meenakshi Madan Rai, J
CASE NUMBER
Writ Petition (PIL) No. 18 Of 2010

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Judgment

5 paragraphs · 252 words

Consequent to our order dated 21st December, 2021, the Chief Secretary, Government of West Bengal, has filed an additional affidavit and so has the Chief Engineer (National Highway Wing), Public Works (Roads) Directorate, Government of West Bengal.

Upon perusing the said two affidavits as well as the letter dated 8th February, 2022, written by the said Chief Engineer to the Chairman and Managing Director, IRCON International Limited, New Delhi, we are of the view that in the facts and circumstances of the instant case, IRCON International Limited is required to be added as a party to the instant proceeding. Accordingly, we direct the Registry to amend the cause-title of the instant Public Interest Litigation by adding IRCON International Limited as a respondent.

A copy of all the pleadings which are on record, along with the amended writ petition shall be served by the Registry of this Court upon the newly added respondent, namely, IRCON International Limited, within a period of three weeks from date.

On the next date of hearing, we expect IRCON International Limited to intimate this Court as to how it has responded to the letter dated 8th February, 2022, written by the Chief Engineer (National Highway Wing), Public Works (Roads) Directorate, Government of West Bengal, with regard to repair of damages on NH 10 on different locations due to flow of continuous mud water from hill top through the approach roads from NH 10 at around thirty locations constructed by IRCON International Limited.

List this matter six weeks hence.