Kumarjit Singh vs Union Of India And Ors

Today, this matter has been taken up for consideration on the result of the meeting which was to be held in terms the order dated 07-02-2018 of this Court, which was for the purpose of installation and management of the machineries/equipments and for permanent vehicle check post which was to be attended by the representatives of the NHIDCL, the State of Manipur, Assam Rifles, the Manipur Police and State Wireless Department, representatives of the company which supplied machinery/equipment for Population Access Control System and other authorities, as may be identified by the Chief Secretary, Government of Manipur so that there is no further loss of time for identifying a suitable site for installation of machinery/equipment of Population Access Control System.

The aforesaid order was passed on 07-02-2018 by this Court after certain difficulties were expressed by the respondents as regards the authority who is to acquire the land for construction of the Truck Lay Bye etc.

Today, learned AG has submitted a copy of the minute of the meeting held on 13th February, 2018 in which the following officers were present :

(1) Dr. J. Suresh Babu IAS, Addl. Chief Secretary (Home), Govt. of Manipur.

(2) Shri K. Radhakumar IAS, Commissioner (Works), Govt. of Manipur.

(3) Shri L. Ranjit IAS, Secretary (Revenue), Govt. of Manipur.

(4) Shri Th. Kamini Kumar, Secretary (Law), Govt. of Manipur.

(5) Shri T. Rabindra Kumar, Addl. Chief Engineer (PWD), Govt. of Manipur.

(6) Shri Sunil Kumar, General Manager (P), NHIDCL.

(7) Shri L. Sanjoy Singh, Manager (P), NHIDCL.

In the said meeting, it has been proposed that the acquisition of land be done by the Assam Rifles as it would eliminate multiplicity of agencies and the long time line anticipation by the NHIDCL for sanction of their works.

However, Mr. S. Samarjeet, learned CGC for the Assam Rifles submits that the Assam Rifles Authorities have no knowledge of such a meeting held on 13th February, 2018. He also has informed this Court that the Assam Rifles did not receive any such intimation from the Chief Secretary, Government of Manipur about the holding any meeting on 13th February, 2018. Accordingly, he will not be in a position to submit anything as regards the proposal made in the said meeting that the land for installation of the machinery/equipment be acquired by the Assam Rifles.

We fail to understand how the authorities of the Assam Rifles were not informed about the meeting, though it was specifically mentioned in the order dated 07-02-2018. Had the Assam Rifles authorities been represented in the said meeting and their views taken, perhaps, this Court could have taken some concrete decision in this regard today. However, this is not possible because of the fact that the Assam Rifles were not informed of the said decision taken in the said meeting and hence, did not take part in the said meeting.

This Court had indicated the urgency of the matter in our order passed on 21-12-2017 by observing that this Court had taken judicial note of the fact that in this region, normally, pre-monsoon starts from February month onwards, and the concerned authorities may keep all these aspects in mind so that any construction activities can be completed before the onset of pre-monsoon, after which it will be extremely difficult to execute any construction work in the open.

We are sorry to observe that the authorities do not seem to be equally concerned of the urgency of the matter. This matter relating to the selection of the site for installation of the machinery/equipment has been pending consideration of this Court since December 2017, and this Court has been urging the authorities to expedite the matter for the reason that any delay may cause serious inconveniences for the executing authority whosoever it may be.

Since the Assam Rifles authorities who were recommended to acquire the land for installation of the machineries in issue were not informed of the meeting, we have no other option but to fix a date ourselves to hold a combined meeting again on the 28th February of 2018 to be convened and chaired by the Chief Secretary, Government of Manipur, in which the representatives of the NHIDCL, the State of Manipur, Assam Rifles, Manipur Police, State Wireless Department, representatives of the company which has supplied machinery/equipment for Population Access Control System may be present and consider the issue and take appropriate decision in this regard and inform this Court of their decisions before this Court on the 1st March of 2018.

However, in the event of the failure on the part of these authorities to take appropriate decision, this Court may be compelled to pass appropriate orders in this regard for expeditious execution of the work, including by constituting a Commission in this regard, which we have avoided to do so far.

Accordingly, we would expect the authorities concerned to act with utmost promptitude and seriousness the issue deserves, so that the matter can be proceeded and no further delay is caused. Let the respondents remember that it is primarily their responsibility that the work get executed at the earliest.

Accordingly, list the matter again on 1st March, 2018.

Copies of this order may be furnished to all the learned counsel for the parties today itself.

The Chief Secretary, Government of Manipur himself will be personally responsible for compliance of today's Court's order.