Debesh Saha vs Union Of India & Ors

In Re : Stretch of 67 Kms of road to be maintained and laid from Barasat - Krishnagar

Heard the learned senior counsel for the State Government, learned Counsel for the NHAI and the learned counsel for the petitioner as well as the learned Special Officer.

Read the order dated 09.01.2020.

In furtherance of the aforesaid order, it is submitted on behalf of the NHAI that NHAI is prepared to take up the work as its own work through the contractor of its choice and that the contractor has been appointed. Obviously, therefore, the NHAI will proceed to discharge its statutory obligations in terms of Section 5 of the National Highways Act, 1956.

However, it is noted that out of an entire stretch of 67 Kms, there is a length of 11 Kms which is to be acquired by removing constructions which are standing and also by ensuring encumbrances free availability of the land for the NHAI to take up the project. It is submitted on behalf of the NHAI that it will enter into a written contract with the contractor only when 90 per cent of the land is ready for being handed over to the contractor since that is one of the terms on the which the contract can be entered into.

In the aforesaid view of the matter, we record this submission made on behalf of the NHAI and direct that the NHAI and the State Government will do the needful to get clear possession of the stretch of 11Kms which is required to be made available after removing the encumbrances. The NHAI will immediately go ahead with the maintenance work and will commence the work by entrusting the work to the contractor, the moment 90 per cent of the entire stretch of 67 Kms that is to say 60.3 Kms is ready to be handed over to the contractor. It is directed that the State Government officials and the NHAI will do the needful on war footing and report the action taken in furtherance of this order on or before the next date fixed for hearing.

In Re : Stretch of 7 Kms road to be maintained in Sujapur, Malda

For this stretch, the entire land required for the project is available under the control of NHAI.

There appears to be some issues between the contractor and the NHAI which NHAI expects to be resolved and carry on with the work at the earliest. Let progress in this regard be reported on the next date of hearing.

In Re : Stretch of 11 Kms road to be maintained in Baharampore Bypass

There is no controversy as to the availability of the land. Possession of the land, which is required for this stretch, is with the NHAI. It appears that there are certain issues between the contractors and the NHAI which NHAI expects to be resolved and carry on with the work at the earliest. Let progress in this regard be reported on the next date of hearing.

Learned advocate for the electric transmission company submits that 6 towers are required to be shifted for encumbrance free land to be made available to NHAI.

Learned counsel for the NHAI submits that the compensation amount and the costs have been deposited with the transmission company. The district administration and in particular the District Magistrate shall render all cooperation and help to the transmission company for the purpose of shifting the 6 towers.

Post the matter on 17.01.2020 at 2.00 P.M.