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Judgment
S.P. Wangdi, J.—This Public Interest Litigation (in short "PIL") was taken up suo moto by this Court being distressed by the poor conditions of the National Highway 31-A, the North Sikkim Highway and the Gangtok-Nathula Road (Jawaharlal Nehru Marg) that had persisted for a considerable period of time causing grave inconvenience for the smooth movement of traffic which was widely reported in local newspapers. Judicial notice was taken by this Court of the Central Government having provided sufficient funds for upgradation and widening of the roads in view of the strategic importance of the State of Sikkim. This Court was concerned with the fact that all these roads provided the only means of communication of the State with rest of the country, particularly, the supply of necessary resources for the Army located at the difficult frontier areas and the convenient accessibility of the people of the State to the other parts of the country. It was noticed, that the work of the upgradation and widening of these roads was taking place at a painfully slow pace when, considering the national security, it ought to have been done with greater rapidity.
Upon notice being issued to the respondents, Colonel Rakshvir, Director Works, Project Swastik for and on behalf of the respondent No. 1, i.e., Secretary, Ministry of Surface Transport, Government of India, respondent No. 2, i.e., Director General Border Roads, Seema Sadak Bhawan, New Delhi, respondent No. 3, i.e., Chief Engineer, Project Swastik and respondent No. 5, i.e., Ministry of Defence, Govt. of India, filed an affidavit dated 16-07-2010 on 19-07-2010, highlighting the nature of various works on the roads concerned and the hindrances faced by the organisation in expediting them. On 25-08-2010, the said Colonel Rakshvir, Director Works, Project Swastik, sought for three weeks'' time to file the time schedule for the execution of the works on all the Highways inclusive of the time required for getting permission from the competent statutory authorities, i.e., Ministry of Environment and Forest, etc. Having allowed to do so, an affidavit dated 23-09-2010 was filed duly affirmed by him. In the said affidavit, shorn of the other facts, the following time schedules have been set for the different roads:
............................... ROAD SEVOKE-GANGTOK (NH31A) ............................... 15. The Probable Date of Completion of works on NH 31A of sanctioned works after clearances from Forest, Land Revenue land and shifting of assets of BSNL, Electricity, Water Supply, Private property and encroachment and clearance from all encumbrances will be as given under:
a) Phase I (Improvement of Trouble spots) - 12 months b) Phase II (Full width widening) - Four years .............................. JAWAHARLAL NEHRU MARG (JNM) ..............................
The work was sanctioned for all Phases before receipt of FCLA. The work could only be undertaken after receipt of FCLA. Work in Phase IVA has been outsourced. The work in all phases of JNM is likely to be completed as per schedule i.e. 2012. The present status/progress is as given below:
S/No.
Phases
Date of sanction
Length of road
Receipt of FCLA
% Progress
PDC
From
To
a)
Phase I
Jan 07
Km 24.25
Km 51.385
Jan 08
43.49%
2012
b)
Phase II
Apr 07
Km 0.00
Km 5.666
Jan 08
61.49%
2012
c)
Phase III
Jan 07
Km
Km
Jul 09
67.10%
2012
0.00
9.903
(6.80
existing)
d)
Phase IVA
Mar 09
Km 0.00
Km. 19.350
Oct 09
11.86%
2012
(6.80 existing)
e)
Phase IVB
Mar 09
Km 19.350
Km 24.36
Oct 09
3.96%
2012
................................... GANGTOK-CHUNGTHANG ROAD (NSH) ................................... 24. Being the only axis to North Sikkim and keeping in view the user convenience, the work of upgradation has been planned in phases. The details are as given under:
S/ No
Name of work
Location
Percentage progress
Remarks
From
TO
a)
Upgradation of existing road to NHSL.
3.00
30.00
91
b)
Upgradation to CI-9 E.
30.00
68.00
Planned in year 2011-12 and onwards (except Km 56.10 to Km 58.00 where work under GS in progress)
Revenue Land to be acquired (Planned under SARDP)
c)
Upgradation to CI-9 E.
68.00
84.60
Planned in year 2010-11 and onwards
d)
Upgradation of existing road to CI-9 E.
84.60
95.50
75
The PDC of different road length of the road is as given under:
a) Upgradation of existing road to NHSL - 2012 (from Km 3.00 to 30.00) (from Tashi View Point to Seven Sister Fall) b) Upgradation to CI-9 E - Three (from Km 30.00 to 68.00) years (Seven Sister Fall to Mangan) after all clearances c) Upgradation to CI-9 E - 2012 (from 56.10 to 58.00) (Trijunction Road Singtam, Dikchu Road/ Penangl to Rangrang Bridge) d) Upgradation to CI-9 E - Three (from 68.00 to 84.60) years (Mangan to Toong bridge) after clearances acquisition of Revenue Land and others e) Upgradation of existing road - 2012 to CI-9 E (Km 84.60 to 95.50) (Toong to Chungthang) .....................
We have noticed that the major reasons for the delay in the execution of the works indicated in the affidavit are the want of timely grant of necessary clearances under the Forest (Conservation) Act, 1980, and the Environment (Protection) Act, 1986, and the approval of the DP Rs by the concerned authorities. We are aware of the fact that before such clearances are given, the authorities are required to ensure compliance of various formalities and conditions. However, considering the importance of the roads in question, we expect that those would be expedited by according the priority it deserves in order to ensure execution of the works on schedule.
The constraints and impediments being faced by the respondent No. 3 in the execution of the works caused by the extreme weather conditions and hostile terrain of the region are well-appreciated. But those are factors that are not new and, considering their experience, the respondent No. 3 would be expected to evolve necessary strategies to overcome them. It is noticed that after initiation of these proceedings the pace of the works have picked up considerably for which we record our appreciation. Since the monsoon has now receded and the period hereafter till the month of May, 2011, is generally conducive for uninterrupted execution of the works, we deem it appropriate to direct that they are taken up with utmost urgency so that at least those portions for which the necessary clearances have been obtained and funds provided for are completed by mustering the necessary manpower and machinery. In the meanwhile, we hope that the necessary statutory clearances will be granted by the Ministry of Environment and Forest, Government of India, the respondent No. 8, and the Department of Environment and Forests, Government of Sikkim, the respondent No. 9. We also repose faith upon the Ministry of Defence, Government of India, the respondent No. 6 and Road Transport and Highways, Government of India, the respondent No. 10, that they will finalise the DP Rs submitted by the respondent No. 3. We are certain that they will appreciate the concern and anxiety of this Court of the grave public importance expressed in these proceedings.
With these observations, this PIL stands disposed of with the direction that the respondents No. 2 and 3 shall submit a report indicating the progress of the works every quarter of the year commencing from the date of this Order making the next report due on 11-012011 which shall be considered on reopening of the Court after the Winter Vacation.
A copy of this Order be transmitted to all the respondents for due compliance.