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Judgment
It appears that following the earlier order minuted by us on 17th December, 2019, though certain discussions were carried, there is no final understanding or arrangement which has been agreed upon by and between NHAI and the State Government authorities in furtherance of what was sought to be achieved.
Nobody disputes the fact that the road in question is a National Highway. It is also not in dispute that the Central Government has not exercised authority under Section 5 of the National Highway Authority Act, 1956 and issued a statutory notification handing over the project to the State Government.
Obviously, therefore, it is the statutory duty and obligation of the National Highway Authority to discharge the obligations attached to the statutory dictates in Section 5 of the said Act regarding the National Highway in question. If there are certain arrangements or purported arrangements sought to be made as between the NHAI and the State Government, any delay in achieving those goals cannot torpedo the eligibility of the people of this part of the nation for proper utilization of the National Highways.
We record the submission of the learned Senior Counsel appearing for the State of West Bengal that its Officers will extend all support to the NHAI for carrying out the NHAI's obligations for maintenance and other aspects which fall under Section 5 of the National Highway Authority Act, 1956 as regards the road in question.
With the aforesaid facts being recorded, we adjourn this matter to be listed for further consideration on 10.1.2020 at 2 p.m.
Let a plain copy of this order, duly countersigned by the Assistant Registrar (Court), be handed over to the parties upon compliance of requisite formalities.