ORDER :

M.Choudhury, J.

Heard Mr. Taka Masa, learned Senior counsel and Amicus Curiae; Mr. Imti Imsong, learned Additional AG, Nagaland for respondent Nos. 3, 4 and 5; Mr. Moa Jamir, learned counsel for the respondent Nos. 6 and 7; Ms. Esther, learned counsel for the respondent No. 15; and Ms. Kim Pienyu, learned counsel on behalf of Mr. N. Longkumer, learned counsel for the respondent No. 20.

2. The learned Amicus Curiae has drawn attention to the statements made in the affidavit of respondent Nos. 6 and 7 with regard to Package-I, Package-II and Package-III. He has also drawn the attention of the Court to the affidavit filed on behalf of the respondent No. 5.

3. The Chief Engineer, Public Works Department, National Highway, Nagaland and Mr. Michael, the person-in-charge of the respondent No. 21 are present in person. Mr. Manish Kumar, Authorized Representative of the NHIDCL is also present.

Package-I and Package-II

4. On 27.08.2026, learned Amicus Curiae after personal inspection had submitted that the stretches of road covered by Package-I and Package-II were not worthy of plying and the same were causing serious inconveniences to the commuters. Taking note of the said submission and the progress shown to be achieved in respect of the stretches of road under Package-I and Package-II, progresses of which were found to be dismal for recording displeasure, the respondent Nos. 6 and 7 were directed to carry out the maintenance works in respect of Package-I and Package-II, and to complete the same before 09.09.2026, and also, to file a compliance affidavit, apprising about the progress or work in respect of Package-I and Package- II.

5. In the affidavit filed on behalf of the respondent Nos. 6 and 7, it is mentioned that the stretch of road under Package-I is presently being maintained under the Short Term Maintenance Contract (STMC) through various maintenance activities, including road repairs, drain clearances and, slide removal works. Bituminous repair works have also been carried out by the STMC Contractor at various locations to ensure the continued motorability of the road stretch.

6. The maintenance of the road during the monsoon season was found to be challenging due to continuous rainfall and recurring deterioration of distressed locations. As the project stretch is subjected to substantial movement of heavily loaded vehicles, particularly on the LHS carriageway, resulting in recurring distress at certain locations, interim/non-bituminous repairs have also been undertaken at distressed locations, wherever considered necessary, to maintain motorability during the monsoon period.

7. It is further mentioned that out of the stretch of road under Package-I, which is approximately 14.935 kms, around 4 Kms stretch has been identified as having persistent motorability issues. After extensive survey, it has been decided for permanent rectification through reconstruction of the pavement from subgrade level under a Performance Based Maintenance Contract (PBMC). Accordingly, a Contract Agreement with the PBMC Contractor has been signed on 31.08.2026 for a period of 5 (five) years and the Contractor is presently mobilizing at site. It is further mentioned that permanent rectification/ reconstruction works in the aforesaid 4 km stretch shall be taken up on priority, while interim maintenance measures are required to maintain motorability.

8. In so far as the stretch of road under Package-II is concerned, the respondent Nos. 6 and 7 have stated that the EPC Contractor engaged for Package-II was found unresponsive, though he was put on notice many times to address the issues arising in the stretch of road under Package-II. The Authority Engineer had, therefore, prepared an estimate for carrying out the required maintenance works at the risk and cost of the EPC Contractor and the proposal to that effect has already been forwarded to the competent authority on 01.09.2026. It is stated that subject to approval by the competent authority, the tende