HC Kohima firm on March 13 order for Nagaland's NH-2 Project

14 Apr 2023 CW Team

The National Highways and Infrastructure Development Corporation Limited (NHIDCL) and others have been ordered by the Gauhati High Court Kohima Bench not to "recourse to any action which will be in contravention" of its order from March 13, 2023. The NHIDCL/respondents authorities were further ordered not to take any actions that would violate the stated order in relation to the ongoing construction of the National Highway-2 project from Kohima to Mao Gate by the Division Bench Justices Kakheto Sema and Kardak Ete.

Additionally, as mentioned in the March 13 order, the Contractor (M/S Fortune Groups) was instructed to finish the project by 30.05.2023 or earlier. The Bench further stated that the road construction had only been done for the benefit of the general public and expressed hope that the parties would not raise concerns that would "obstruct and delay the project" but rather work to complete the road by strictly adhering to the March 13 order directing the parties to proceed and finish the work within the existing road until the ROW (Right-of-Way) is resolved.

After hearing conflicting arguments from the NHIDCL/respondents' authorities and the Contractor over the construction of the stretch, the Bench issued the directive. According to a specific clause in the March 13 ruling, the NHIDCL shall not deduct 25% from the bill submitted by the Contractor for non-achievement of width as per the TCS (Typical Cross-section).

The NHIDCL won't request TCS from the contractor, and the work will be done on the ROW's already-existing road. Any invoice presented by the Contractor shall be paid promptly following mutual verification by the parties, it stated. In addition, it instructed the Contractor to finish the NH- 2 on the current route from Kohima to Mao by May 30 "without compromising on the quality of work" and warned that fees will be assessed for any delays in finishing the job. It also stated that the NHIDCL must give the Contractor a show-cause notice before blacklisting him.

The National Highways and Infrastructure Development Corporation Limited (NHIDCL) and others have been ordered by the Gauhati High Court Kohima Bench not to recourse to any action which will be in contravention of its order from March 13, 2023. The NHIDCL/respondents authorities were further ordered not to take any actions that would violate the stated order in relation to the ongoing construction of the National Highway-2 project from Kohima to Mao Gate by the Division Bench Justices Kakheto Sema and Kardak Ete. Additionally, as mentioned in the March 13 order, the Contractor (M/S Fortune Groups) was instructed to finish the project by 30.05.2023 or earlier. The Bench further stated that the road construction had only been done for the benefit of the general public and expressed hope that the parties would not raise concerns that would obstruct and delay the project but rather work to complete the road by strictly adhering to the March 13 order directing the parties to proceed and finish the work within the existing road until the ROW (Right-of-Way) is resolved. After hearing conflicting arguments from the NHIDCL/respondents' authorities and the Contractor over the construction of the stretch, the Bench issued the directive. According to a specific clause in the March 13 ruling, the NHIDCL shall not deduct 25% from the bill submitted by the Contractor for non-achievement of width as per the TCS (Typical Cross-section). The NHIDCL won't request TCS from the contractor, and the work will be done on the ROW's already-existing road. Any invoice presented by the Contractor shall be paid promptly following mutual verification by the parties, it stated. In addition, it instructed the Contractor to finish the NH- 2 on the current route from Kohima to Mao by May 30 without compromising on the quality of work and warned that fees will be assessed for any delays in finishing the job. It also stated that the NHIDCL must give the Contractor a show-cause notice before blacklisting him.

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