GANGTOK, 08 Dec: Repeated failure of the concerned central government ministries, particularly the Ministry of Surface Transport and Highways, to demonstrate seriousness and expeditious follow up on the situation of the national highway to Sikkim has now led the High Court to contemplate contempt proceedings against the Ministry. The focus has now shifted from the ground level officials of the Border Roads Organisation and State government to the concerned Ministry after the latest report submitted by the central government counsel, Karma Thinlay came up for consideration on 04 December.
From the report it was understood that most of the works regarding improvement of National Highway 31A from Sevoke to Gangtok were being held up due to pending approval of the DPRs by the concerned Ministry even though the court has repeatedly sought expeditious response from the concerned agencies on the matter for the past 3 years now.
The attitude of the Ministries has led the court to believe that it should direct them to appear before it, however it just stopped short of issuing such a direction and for the moment has allowed “… an opportunity to correct themselves by taking prompt action…”.
The division bench of the High Court has directed that the entire process be completed within 8 weeks failing which it would be constrained to issue summons in addition to taking up suo moto contempt proceedings.
Present at the hearing on Wednesday were Additional Advocate General, JB Pradhan, Central Government Counsel, Karma Thinlay and Project Swastik officials including Chief Engineer, SS Porwal; Navin Kumar, Commander 764 TF which is in charge of the highway stretch from Coronation Bridge to Ranipool and Colonel BK Sarkar, Commander 758 TF in charge of the highway from Ranipool to North Sikkim including JN Road to Nathula. Also present were Colonel Raman Kakkar [Director, Wks] and Major Rohan Lewis [OC 87 RCC].
The report reveals that delay in works is primarily due to time taken by concerned ministries in granting approval and sanction to proposals submitted by Project Swastik officials.
Under Phase-I works which pertain to ‘Improvement of Trouble Spots’ on the highway, the report states that the commencement of viaduct/ realignment work at Rangpo was yet to begin for want of approval of DPR by the Ministry of Surface Transport. This project had started in December 2011.
The court noted that “…lax and recalcitrant manner…” was the cause of the delay.
Similarly viaduct construction at Lohapul was also found to have been delayed due to delay in approving the pre-feasibility report by the same Ministry. The DPR for this project can only be prepared once this report is approved. Furthermore, the widening of existing alignment at Rambi Bazaar was also found to have been delayed on account of approval of DPR by the Ministry. The proposed construction of a bridge over Lepcha Jhora, another trouble spot, had not commenced; this is also due to delay in receiving, approval and sanction of the DPR.
Out of 9 trouble spots identified between Coronation Bridge and Rambi Bazaar on the highway, forest clearance had been accorded to 6 for improvement. Sanction of funds for this had not been made as the Ministry had not yet accorded the same. The High Court noted that it was a similar case in respect of 32 other locations lying between Rambi Bazaar and Rangpo along the NH 31A.
The Phase II works concerns full width widening. The report reveals that bidding process for the work had commenced but for various reasons the work had to be re-tendered for the 3rd time as none of the bidders could qualify for the financial bid. The technical bid for the 4th re-tender is in progress.
The High Court observed that given the strategic importance of the state and the fact that it relies heavily on tourism, “…special consideration is required to be given to the State…”. However the response of the concerned authorities was found to be rather casual and indifferent and even disdainful, the court observed. In fact the court went on to state that it found no fault with the officers working at the field level headed by CE Project Swastik. “The fault appears upon the Ministries who seem to be ignorant or chose to be so in matters of national security and the need for rapid assimilation of the people in the main stream for which proper connectivity is vital”.
The matter is to be taken up after the winter vacation of the court to enable the respondents to comply with the directions of the court “… so that we are not compelled to resort to steps that may be unpleasant”, the court observed.
From the report it was understood that most of the works regarding improvement of National Highway 31A from Sevoke to Gangtok were being held up due to pending approval of the DPRs by the concerned Ministry even though the court has repeatedly sought expeditious response from the concerned agencies on the matter for the past 3 years now.
The attitude of the Ministries has led the court to believe that it should direct them to appear before it, however it just stopped short of issuing such a direction and for the moment has allowed “… an opportunity to correct themselves by taking prompt action…”.
The division bench of the High Court has directed that the entire process be completed within 8 weeks failing which it would be constrained to issue summons in addition to taking up suo moto contempt proceedings.
Present at the hearing on Wednesday were Additional Advocate General, JB Pradhan, Central Government Counsel, Karma Thinlay and Project Swastik officials including Chief Engineer, SS Porwal; Navin Kumar, Commander 764 TF which is in charge of the highway stretch from Coronation Bridge to Ranipool and Colonel BK Sarkar, Commander 758 TF in charge of the highway from Ranipool to North Sikkim including JN Road to Nathula. Also present were Colonel Raman Kakkar [Director, Wks] and Major Rohan Lewis [OC 87 RCC].
The report reveals that delay in works is primarily due to time taken by concerned ministries in granting approval and sanction to proposals submitted by Project Swastik officials.
Under Phase-I works which pertain to ‘Improvement of Trouble Spots’ on the highway, the report states that the commencement of viaduct/ realignment work at Rangpo was yet to begin for want of approval of DPR by the Ministry of Surface Transport. This project had started in December 2011.
The court noted that “…lax and recalcitrant manner…” was the cause of the delay.
Similarly viaduct construction at Lohapul was also found to have been delayed due to delay in approving the pre-feasibility report by the same Ministry. The DPR for this project can only be prepared once this report is approved. Furthermore, the widening of existing alignment at Rambi Bazaar was also found to have been delayed on account of approval of DPR by the Ministry. The proposed construction of a bridge over Lepcha Jhora, another trouble spot, had not commenced; this is also due to delay in receiving, approval and sanction of the DPR.
Out of 9 trouble spots identified between Coronation Bridge and Rambi Bazaar on the highway, forest clearance had been accorded to 6 for improvement. Sanction of funds for this had not been made as the Ministry had not yet accorded the same. The High Court noted that it was a similar case in respect of 32 other locations lying between Rambi Bazaar and Rangpo along the NH 31A.
The Phase II works concerns full width widening. The report reveals that bidding process for the work had commenced but for various reasons the work had to be re-tendered for the 3rd time as none of the bidders could qualify for the financial bid. The technical bid for the 4th re-tender is in progress.
The High Court observed that given the strategic importance of the state and the fact that it relies heavily on tourism, “…special consideration is required to be given to the State…”. However the response of the concerned authorities was found to be rather casual and indifferent and even disdainful, the court observed. In fact the court went on to state that it found no fault with the officers working at the field level headed by CE Project Swastik. “The fault appears upon the Ministries who seem to be ignorant or chose to be so in matters of national security and the need for rapid assimilation of the people in the main stream for which proper connectivity is vital”.
The matter is to be taken up after the winter vacation of the court to enable the respondents to comply with the directions of the court “… so that we are not compelled to resort to steps that may be unpleasant”, the court observed.
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