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Judgment
Biswanath Somadder, CJ
Learned Deputy Solicitor General of India, without leave of this Court and in absence of any specific direction given by this Court has filed an affidavit with the Registry, which is directed to be returned to her forthwith while keeping a copy thereof only for the purpose of record.
During the course of hearing it transpires that the Government of West Bengal, through the office of its Executive Engineer-II, P.W. (Roads) Directorate, National Highway Division-IX, Siliguri, has written a letter on 22nd November, 2022, addressed to the Project Director, IRCON International Limited, regarding deposition of mud from railway’s approach roads along different locations of National Highway-10. Let a copy of this letter be taken on record.
After going through the contents of the said letter dated 22nd November, 2022, we are of the view that IRCON International Limited may be directed to immediately address the concern expressed by the Executive Engineer of the Government of West Bengal in the said letter and resolve the issue within the timeframe as fixed by this Court in its earlier order dated 6th September, 2022.
The progress of work so far, as brought to our notice by the learned Amicus Curiae in his report filed on 29th November, 2022, appears to be satisfactory as of date. However, there are some concerns which have been flagged by the learned Amicus Curiae. Those have been stated in details in paragraph 3 of his report, which all stakeholders are required to look into and get all the issues suitably addressed within the timeframe fixed by this Court.
That apart, in sub-paragraph (IV) of paragraph 3, the learned Amicus has specifically stated about the existence of an “app” named “Sukhad Yatra Smartphone App”, which is an app of the National Highway Authority of India (NHAI). The learned Amicus has specifically stated that this app is a useful tool for the purpose of ensuring quick action and well maintenance of National Highways and also for redressal of issues faced by the National Highway users. We request the competent authority of Government of India to give wide publicity to this app especially for those users of National Highway-10 and people living in its vicinity.
We also notice from the report filed by the learned Amicus that the landslide prone areas — within that part of National Highway-10 which falls within the State of Sikkim — was visited by an expert team from Japan and a study was conducted on 24th July, 2019. Consequently, a report was submitted by the Japanese agency to Ministry of Road Transport and Highways (MoRTH) and NHIDCL. A contract was subsequently awarded to a private agency, namely, KCC Builder Pvt. Ltd. on 28th February, 2020. However, not much seems to have progressed in respect of this matter thereafter, which is of some concern to this Court. We would, therefore, direct the learned Deputy Solicitor General of India, to take instructions in respect of the above, as has been stated in paragraph 3 (VI) of the report of the learned Amicus and apprise this Court in this regard on the next date.
Let this matter appear for further consideration under an appropriate heading a fortnight after the winter vacation.