NH 2 project: HC directs NHIDCL and contractor to settle differences

DIMAPUR — The Kohima Bench of Gauhati High Court has forbidden National Highways and Infrastructure Development Corporation Limited (NHIDCL) from issuing tender for execution of maintenance and safety works on NH 2 (Kohima-Mao Gate) by a third party until the next hearing.

In an order issued on Wednesday, a Bench comprising Justice Kakheto Sema and Justice Budi Habung directed NHIDCL and the construction firm Fortune Groups to deliberate and resolve differences, if any, by then.

The Court’s directive was prompted by an affidavit submitted by NHIDCL on Wednesday. “Given the persistent and willful neglect by Respondent No. 9 (Fortune Groups), NHIDCL has been compelled to take pre-emptive active to safeguard public safety and the integrity of the project.

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“Consequently, NHIDCL has issued a Notice Inviting Tenders (NIT) for the execution of the required maintenance and safety works by a third party. These works will be carried out at the risk and cost of Respondent No. 9, as per the recommendations of the Authority’s Engineer. The decision to invoke the Risk and Cost Clause is not taken lightly, but it is deemed necessary to prevent further deterioration of the highway and to ensure that it meets the required safety standards,” read the affidavit.

However, the Court was of the view that before allowing NHIDCL to complete the tender process, the two parties—NHIDCL and Fortune Groups—ought to “deliberate on the issue and resolve the difference, if any, on the execution/completion of the project, since the affidavit dated August 28, 2024, filed by the respondent No. 10, i.e. the Authority Engineer, reveals that the physical progress of the work is 74.23% and financial progress is 72.13%.”

“We accordingly direct the respondent Nos. 2 and 8 (NHIDCL officials) not to open the tender till the next returnable date so as to give an opportunity to the respondent Nos. 2 and 8 as well as the Contractor to deliberate and to explore solutions which will be for the welfare and interest of public”, the order read.

The case will be heard again on September 25. “On the next date fixed, the respondent Nos. 2 and 8 as well as the respondent No. 9 shall file affidavit bringing on record the deliberation and result achieved, if any, between the parties. The respondent No. 9 shall, on the next date, also file the up-to-date Status Report of the work/project”, it added.

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