High Court reserves judgement on Kohima-Jessami 2-lane road case

KOHIMA— The Gauhati High Court, Kohima Bench, on Monday concluded the hearing regarding the writ petition (civil) filed by M/s Stroyproekt LLC OIA JV against the National Highways and Infrastructure Development Corporation Limited (NHIDCL), over the termination of contract agreement and floating of a new tender for the Kohima-Jessami 2-lane road project, after a case was registered on April 1 this year.

Justice Ajit Borthakur, after hearing from both the petitioner and the respondent learned counsel, ‘reserved the judgement’ and concluded the hearing on the matter on Monday.

This means the court will give its decision on the matter at a later date in writing.

The matter was in regard to the construction of Kohima-Jessami 2-lane road (hard shoulder) on the NH-29 from existing km 98.380 (Near Chizami Village) to existing km 120.367 (Nagaland/Manipur Border) in Nagaland under Bharatmala Pariyojna on EPC Mode Package V.

The petitioner, Stroyproekt LLC OIA JV, challenged before the High Court, arguing that the respondents (NHIDCL) should not have issued the letter or termination of the contract on March 15, 2023, and the notice inviting bid on Feb. 27, 2023, before considering its letter requesting for extension of time for milestones II, III & IV (revised) and before considering the letter written by the authority engineer to the respondent recommending the extension of date to July 4, 2023, for completion of the project.

Petitioner’s counsel KN Choudhury argued that the impugned order of termination should be set aside and a mandamus be issued to the authority to consider the extension period as recommended by the authority engineer, while adding that the petitioner is entitled to fair consideration, which was denied.

Meanwhile, respondent’s counsel Akhrieu Chusi argued the company (petitioner) was earlier granted an extension to complete the project twice.

The petitioner further sought extension of time as recommended by the authority engineer. But, when the extension till March 3, 2023, was given to complete the next 5 km of BDM works, bitumen laying was not started till March 15 (the day of termination). On seeing the slow progress of work, the ministry did not find any merit and hence termination was issued. But before that notice was issued, he argued.

The contract for the project was executed and signed on May 29, 2020 and was initially supposed to be completed within 18 months.

The local and petty contractors for package V of the project under Kohima-Jessami had earlier proposed an agitation and road blockade along the two-lane road portion stretching over 20 km, but it was suspended after the case was sub judice. The local contractors, who work under the M/s Stroyproekt LLC OIA JV, had called for a blockade over non-payment of bills by the company, which in turn was said to be not paid by the NHIDCL.