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Poor Condition of NH4: Hon’ble High Court at Calcutta, Circuit Bench at Port Blair directs NHIDCL to deposit 100 crores

June 20, 2023 by sanjib Leave a Comment

Staff Correspondent

Port Blair, June 20: Taking a serious note of inordinate delay in repair and reconstruction of National Highway – 4 in North and Middle Andaman, the Hon’ble High Court at Calcutta, Circuit Bench at Port Blair, has directed the NHIDCL to deposit a total of Rs.100 crores with the Learned Registrar, Circuit Bench at Port Blair, within two weeks.

The Hon’ble Court has been actively involved in the matter since November 21st, 2022, when it took suo motu cognizance of the issue.

Over the past six months, the Court, in conjunction with Learned Special Officers, has issued multiple directives for the repair and reconstruction of NH-4. A total of twelve orders have been passed, including the initial order on November 21st, 2022, and the latest order delivered on June 19th, 2023. The Court has diligently worked to identify the challenges faced by the National Highways and Infrastructure Development Corporation Limited (NHIDCL) in implementing the reconstruction and repair work on NH-4.

In February and March 2023, Hon’ble Justice Rabindranath Samanta personally visited the reconstruction and repair sites, providing valuable insights that led to further orders for the improvement of NH-4.

Additionally, on April 10th, 2023, the Court constituted a Three-Member Committee, led by the Hon’ble Learned District Judge of Port Blair, to conduct an inquiry and submit a report. The Committee has concluded its investigation and submitted its findings.

During the recent hearing, NHIDCL presented its fifth Report, which highlighted that approximately 57 kilometers of NH-4 still remain in poor condition. NHIDCL primarily attributes this situation to the lack of forest clearances provided by the Andaman and Nicobar Administration for this particular stretch, mainly from Baratang to Rangat.

The Learned Special Officers, argued that the deficiency in the deployment of resources by one of the contractors has contributed to the poor condition of NH-4 in the mentioned 57-kilometers stretch. They further emphasize that the requirement for forest clearances presented by NHIDCL is merely a pretext to justify the delays in completing the work.

The Court concurred with the Learned Special Officers’ opinion that, based on previous orders and the contract granted to NHIDCL in 2017, the existing road within the forest patches could have been repaired and reconstructed without making additional forest clearances an issue.

Moreover, with the arrival of the sixth monsoon season since the work was entrusted to NHIDCL in 2017, there is a concern that the progress made in repairing and reconstructing the remaining portion of NH-4, excluding the 57-kilometer stretch, might be compromised.

The Court has been informed that the approximate cost of repairing and reconstructing each kilometer of NH-4 is Rs. 1.5 crores, a figure agreed upon by the counsel representing NHIDCL. Consequently, the Court has directed NHIDCL to deposit a total of Rs. 100 crores with the Learned Registrar, Circuit Bench at Port Blair, within two weeks. This amount encompasses Rs. 85.5 crores, equivalent to the cost of repairing the 57-kilometer stretch, plus an additional Rs. 14.5 crores to account for potential repair and reconstruction work arising from the monsoon season of 2023.

The deposited sum of Rs. 100 crores will be held in a short-term fixed deposit interest-bearing account with a nationalized bank, under the supervision of the Learned Registrar, Circuit Bench at Port Blair.

 

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