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

Biswanath Somadder, CJ

Pursuant to our last order dated 28th February, 2023, we notice that officials of NHPC are present in Court and instructions are readily provided to enable the learned Senior Advocate representing NHPC to assist this Court, effectively.

During the course of hearing of this matter, the learned Deputy Solicitor General informs this Court that pursuant to our observations as contained in our last order dated 28th February, 2023, the concerned authority of the Ministry of Road Transport & Highways (MoRTH), has released a sum of , Rs. 5,00,00,000/-(Rupees five crores only), approximately, to the concerned authority of the State of West Bengal based on estimate supplied regarding an immediate short term solution for the drainage system and culverts which are blocked along National Highway 10 between Sevoke and Rangpo. The concerned Chief Engineer of Public Works Department of West Bengal and the Executive Engineer - II, PW (Roads) Directorate, National Highway Division - IX, Siliguri, shall, in such circumstances, file a joint undertaking in the form of an affidavit before this Court on or before the next date stating therein specifically that they shall jointly monitor the matter and ensure that the sum that has been disbursed by the Ministry of Road Transport & Highways (MoRTH), which is approximately to the tune of Rs. 5,00,00,000/- (Rupees five crores only), is spent in a proper and judicious manner within a realistic timeline while ensuring that the quality of work is not compromised in any manner — especially by not getting it done through sub-standard contractors who perform at a below par level or those who abandon their work sites without completing the work entrusted to them. The two officers shall also give an undertaking that in the event the Court’s directions as stated above are not complied with, they will be personally held liable.

Upon perusing the earlier orders, we are of the view that for effective and regular monitoring of maintenance of the road — particularly between Sevoke and Gangtok — a permanent solution is required. This permanent solution can only happen if a Committee is formed under the overall supervision of the learned Amicus — involving all the stakeholders — so that the Committee can monitor the situation at the ground level on a monthly basis at least and all issues that may arise — which require one or more stakeholders’ involvement for resolution — are resolved through the mechanism of that Committee alone. The learned Amicus shall on the next date apprise this Court on this aspect.

List this matter for further consideration on 18th April, 2023.