Court stays NHIDCL’s fresh tender; directs contractor to complete Kohima-Mao stretch of road by May

Kohima: The Gauhati High Court, Kohima Bench, on Wednesday stated that it viewed the issuance of fresh notice inviting tender (NIT) bid document on April 4 through e-tendering mode for restoration and repair of the National Highway-02 from Kohima to Mao stretch, by the National Highways and Infrastructure Development Corporation Limited (NHIDCL), as “serious violation” of the standing court order.

Hearing a suo moto PIL, Justices Kakheto Sema and Kardak Ete directed the NHIDCL not to proceed with the fresh NIT for restoration and repair of NH-39 in violation of the order passed on March 3.

The Court further stated that the NHIDCL cannot take two stands at the same time, directing the contractor to complete the work as per the order passed by this Court on one hand and issuing fresh tender bid in violation of the order on the other.

It directed the NHIDCL not to take any recourse that will be in contravention of the court order and also asked the contractor to complete the work on or before May 30.

Both the NHIDCL and contractor have been asked to file their respective affidavits showing the work progress as on May 9, a day before the next hearing.

From the report submitted by the learned Amicus curiae as well as the affidavit filed by the respondents, the court observed that the work has not progressed much in spite of the order passed directing the contractor inter-alia to complete the NH-2 on the stretch of road from Kohima to Mao on or before May 30 without compromising on the quality.

“The road construction has been undertaken solely in the interest of the public, we therefore hope that the parties instead of raising issues which will obstruct and delay the project will sincerely work towards the completion of the road by strictly adhering to the order passed by this Court on 13.03.2023 directing the parties to proceed and complete the work within the existing road till the ROW is resolved,” read the court order.

The next hearing on the matter had been listed on May 10.