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

Biswanath Somadder, CJ

We have heard the learned advocates for the parties. We have also perused our earlier orders passed from time to time and also the pleadings which are on record.

At the time of hearing of the matter, the learned advocate representing the State of West Bengal draws our attention to a status report filed in Court today with regard to repairing of National Highway-10, being the main arterial road between Sikkim and rest of the country.

Perusing the status report, we notice that repairing of the damaged road (NH–10) has been entrusted to several private agencies from point to point, between Sevoke, West Bengal and Rangpo, Sikkim. However, while repair work in some sections are progressing satisfactorily, progress of work is abysmally slow at certain points. We are of the view that if this continues to be the pace of work – with this year’s monsoons around the corner – the entire condition of the existing road (NH–10) between Sevoke, West Bengal and Rangpo, Sikkim, will be back to square one.

We, therefore, direct the concerned authority of the State of West Bengal to ensure immediate escalation of progress of work of repairing of National Highway-10, especially in those areas where progress has been abysmally slow. A fresh status report shall be filed, by means of an affidavit, on behalf of the State of West Bengal on the next date, to enable us to compare the same with the status report which has been filed today.

We also notice from the affidavit filed by the Chief Engineer (National Highway Wing), Public Works (Roads) Directorate, Government of West Bengal, on 17th January, 2022, that for emergency repair and maintenance of National Highway-10 (between Sevoke, West Bengal and Rangpo, Sikkim), the State has received a sum of Rs.8.22 crores during the financial year ending 31st March, 2022. However, due to the nature of extensive damage caused by several landslides and floods – especially during the post monsoon period last year – some additional funds (to the tune of approximately Rs.11.00 crores) has been estimated by the concerned PWD authority for the purpose of executing emergency repair and maintenance work of the relevant stretch of National Highway-10. This additional fund requirement is noticed at Annexure – R-6 at page 49 of the affidavit of the Chief Engineer (National Highway Wing), Public Works (Roads) Directorate, Government of West Bengal, affirmed on 17th January, 2022. According to the learned advocate representing the State of West Bengal, such additional fund requirement is in respect of emergency repair and maintenance work already executed.

We, therefore, request the respondent no.1, namely, the Secretary, Ministry of Surface Transport, Department of Road Transport and Highways, Government of India, to consider release of additional funds, as indicated in the Chief Engineer’s affidavit, in order to ensure that emergency repair and maintenance work of National Highway-10 does not get stalled due to paucity of funds. We direct the respondent no.1 to file a specific report in this regard on the next date.

As indicated hereinbefore, this year’s monsoons are around the corner. As such, we do not have much time in our hands to ensure completion of emergency repair and maintenance of the damaged portions of National Highway-10, especially between Sevoke, West Bengal and Rangpo, Sikkim. We, therefore, direct all the concerned authorities/stakeholders – who have been made parties in the instant Public Interest Litigation – to be present (or be represented) in a meeting which shall be held at 12.00 noon on 06th May, 2022, at the Conference Hall of this Court in order to chalk out the immediate course of action to ensure completion of emergency repair and maintenance of National Highway-10, before this year’s monsoons take a toll on National Highway-10, the main arterial road connecting Sikkim with rest of the country.

List this matter on 10th May, 2022.