Court directs MoRTH, state government to resolve PDMGDVA issue

DIMAPUR — The Kohima bench of Gauhati High Court has directed the Ministry of Road Transport & Housing, Government of India and the Government of Nagaland, Works & Housing Department, to resolve all issues that have caused delay in release of compensation to victims of damaged infrastructure along the two-lane Zunheboto – Chakhabama and Pfutsero – Phek Road under Phek district.

Justice Devashis Baruah gave the direction during the hearing of a civil contempt petition on Dec. 7. The respondents in this case include the Secretary to the Government of India, Ministry of Road Transport and Highways (MoRTH); Nagaland Chief Secretary; and Executive Engineer, Government of India, MoRTH Regional Officer (Civil), Guwahati.

The order comes in the backdrop of the Phek District Maytas-Gayatri Damaged Victim Association’s (PDMGDVA) announcement that it would proceed with the first phase of agitation by imposing a 12-hour road blockade along the aforementioned routes on Dec. 9.

The PDMGDVA had previously postponed the agitation from Dec. 1 after an appeal by Deputy Chief Minister TR Zeliang and other concerned authorities, on the condition that the State Government clears the pending matter by Dec. 7.

As per court documents, during the hearing, the counsel representing the Nagaland Chief Secretary submitted that the State of Nagaland has, on Oct. 27, 2023, received the amount of INR 60,94,36,685 from the MoRTH with the condition that the amount shall be recovered from the Agency Charges of the State PWD of Nagaland.

However, considering that the state government would not be able to recover the said amount from the Agency Charges of the State PWD, a communication was issued to the Secretary, MoRTH by the Commissioner & Secretary to the Government of Nagaland, on Nov. 23.

Notably, Dy. CM TR Zeliang had also mentioned the same in his earlier appeal to the PDMGDVA.

“Taking into account that certain clarifications are required between the Ministry of Road Transport & Housing, Government of India as well as the Government of Nagaland, Works & Housing Department, this Court directs the said Departments of the Government of India as well as the Government of Nagaland to resolve the issues on or before the next date and place the same by way of the affidavits to be filed,” the court order read.

Among others, the court also noted that that service of notice upon the other two respondents is yet to be completed, and directed the counsel for the petitioner to take fresh steps by Dec. 8.

Listing the matter again on Jan 23, 2024, the court also directed the Nagaland chief secretary to file its affidavit-in-opposition by January 19, 2024.

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