Nagaland: High Court grants relief to NHIDCL, contractor on NH-02 case

Our Correspondent
Kohima, Dec. 20 (EMN): The Gauhati High Court of Kohima bench has granted time to the contractor and National Highways and Infrastructure Development Corporation (NHIDCL) authorities to deliberate and arrive at a final decision by January 15, 2023, with regard to the completion of package III along National Highway-02, between Kohima and Dimapur.

The Court, while recording the submissions made by the learned counsel for the parties involved on Monday, ordered NHIDCL to file an affidavit with regard to the outcome of the deliberation.

Further, if the proposal made by the respondent No. 8 (M/S Ramky-ECI) is not acceptable to the NHIDCL authorities, it should also bring out the alternative proposal for completion of Package-III, it directed.

The said affidavit should be filed on or before January 17, 2023, and listed the matter for next hearing on Jan. 19, 2023.

In its earlier order on Dec. 14, the court directed the NHIDCL authorities and M/S Ramky-ECI to have a deliberation over Package-III, particularly taking into account the public interest involved as it had become a “non-starter causing a lot of inconvenience to the commuters”.

Both the parties had a deliberation on Dec. 16 and the respondent gave three proposals in their letter on Dec. 18 along with the project cost estimate.

The NHIDCL authorities prayed for some time to look into the proposal and to further deliberate with the respondent to take a decision as to whether the proposal made is acceptable or not.

The General Manager, NHIDCL, who was also present in the Court on Monday, submitted that if the proposal of the respondent is not acceptable, it would take further steps to bring out a better option for the completion of Package-III.

The general manager further assured the Court that the two-lane under Package-III, which is presently under maintenance, will be fully completed before March, 2023 as per the project specifications.

In the now disposed of IA (civil) order on Dec. 14, the court directed the respondent to raise the bills and have a joint verification with the NHIDCL authorities and thereafter, the agreed amount of pending bills should be released to him on or before Dec. 21, 2022.

“We make it clear that while releasing the agreed amount no penalty amount should be deducted from the said bills, however, such penalty amounts can be deducted in the final bill,” it stated.

Taking into account the concession made by the Court, it directed the respondent to ensure that Package-I and II are completed on or before January 15, 2023.

The court also noted the additional affidavit filed on Monday by respondent No.12 (Oasis Techno Construction Ltd.).The IA filed will be heard finally on the next returnable date, it added.

The NHIDCL had also filed an affidavit on Dec.14 indicating the steps taken by them on receipt of the amount of INR 11.12 crore.

“The details are indicated in the affidavit and we are satisfied”, the Court noted.