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Judgment
Biswanath Somadder, CJ
While passing our last order dated 18th April, 2023, we had taken note of the draft note prepared by the learned Amicus with regard to constitution of a Committee which will be responsible for overseeing all activities relating to maintenance and upkeep of the road between Sevoke and Gangtok, on a regular basis. We had, on that date, directed all the stakeholders to nominate one competent person each, who shall be members of the Committee, which shall be headed by the learned Amicus for the said purpose. We also directed the learned Amicus to file an affidavit indicating specifically how he proposes to utilize the Committee for effective compliance of the various orders passed by this Court especially regarding overseeing all activities and regular monitoring of proper maintenance and upkeep of the road stretching between Sevoke, West Bengal and Gangtok, Sikkim.
The learned Amicus has since filed an affidavit wherefrom it appears that a Committee has been constituted where all the stakeholders are represented. The said affidavit also indicates the manner in which the committee shall monitor the implementation of various orders passed by this Court from time to time relating to maintenance and upkeep of the main arterial road between Sevoke, West Bengal, and Gangtok, Sikkim.
Apart from the aforesaid affidavit, a joint affidavit has been filed on behalf of the Executive Director (Project) and General Manager (Project) of the National Highway and Infrastructure Development Corporation Limited (NHIDCL), in compliance with the directions as contained in our last order dated 18th April, 2023, which may be taken on record.
After having heard the learned Advocates for the parties and after perusing the two affidavits which are now before us, we are of the view that the learned Amicus should take necessary steps to ensure that all the stakeholders comply with the directions as contained in the previous orders passed by this Court. He shall oversee all activities which are related to proper maintenance and upkeep of the main arterial road between Sevoke, West Bengal and Gangtok, Sikkim, on a regular basis and update this Court by filing a report in the form of an affidavit on the next date and periodically thereafter.
All the parties are directed to assist and cooperate with the learned Amicus for the purpose of ensuring compliance of the various orders passed by this Court in the instant Public Interest Litigation.
List this matter after three weeks, i.e., on 08th June, 2023 for further consideration.