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Judgment
Biswanath Somadder, CJ
Having heard the learned advocates for the parties, it is evident that even today IRCON is yet to submit its weekly progress report in the manner as directed by this Court in its order dated 16th June, 2022. On the prayer of the learned Senior Advocate representing IRCON, we grant IRCON yet another opportunity to comply with the directions as contained in the said order dated 16th June, 2022, on or before the next date of hearing, failing which exemplary costs will be imposed upon IRCON, which can be recovered from its officers who are instructing the learned Senior Advocate.
During the course of hearing of this matter, an affidavit filed on behalf of NHPC has been placed before us for consideration. The affirmation and filing date of this affidavit is 12th August, 2022. It appears that this affidavit has been filed on the basis of the observations of this Court as contained in its order dated 26th May, 2022. While we intend to deal with the contents of this affidavit on the next date of hearing, in the meanwhile, we direct the Executive Engineer-II, NH Div. No.-IX, West Bengal, along with the authorised representative of NHPC Limited, the authorised representative of IRCON and the concerned official of MoRTH, Government of India, to conduct a joint inspection in respect of road damage at valley side within the kilometres as stated in the letter dated 10th August, 2022, written by the General Manager(Elect)., NHPC Limited, TLD-IV PS to the Executive Engineer-II, NH Div. No.-IX, West Bengal, being annexure R-4 at page 18 of the affidavit filed on behalf of NHPC Limited. The presence of the Amicus would be desirable while this joint inspection is conducted. After the joint inspection is conducted, a report may be filed by the Amicus on or before the next date.
List this matter on 6th September, 2022, for further consideration.