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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
V. Ramasubramanian, Anoop Chitkara, JJ.
Court On Its Own Motion – Appellant
Versus
Union of India And Others – Respondents
Civil Writ Public Interest Litigation No. 268 of 2017
Decided On : 06-09-2019
The High Court of Himachal Pradesh in the case of V. Ramasubramanian v. State of Himachal Pradesh, through its various orders, monitored the progress of preparation of detailed project reports (DPRs) for the construction of 69 roads in the State, which were approved in principle as new National Highways by the Ministry of Road Transport and Highways (MoRTH). The Court directed the State Public Works Department (PWD) and the National Highways and Infrastructure Development Corporation Ltd. (NHIDCL) to take appropriate action for ensuring that all formalities with respect to these roads be completed at the earliest and the papers reach the office of MoRTH within two weeks.
Fact of the Case:
The Ministry of Road Transport and Highways (MoRTH) had granted in-principle approval for the construction of 69 roads in the State of Himachal Pradesh, for which Detailed Project Reports (DPRs) were to be prepared and submitted to MoRTH. However, no action was taken by the State. The High Court of Himachal Pradesh issued notices with respect to 62 roads in relation to which action was to be taken by the National Highway Authority of India/ MoRTH/ State of Himachal Pradesh. The Court directed the Managing Director of the NHIDCL, and the Director General (Military Operations) of Border Road Organization to forthwith take appropriate action for ensuring that all the formalities with respect to these 7 roads, be completed at the earliest and the papers reach the office of MoRTH, latest within two weeks from today and wherever it is not possible to do so, they shall explain, by way of an affidavit the difficulties/obstacles coming in their way.
Finding of the Court:
The Court found that no proper information was forthcoming qua these roads and more specifically from the National Highways and Infrastructure Development Corporation Ltd. (NHIDCL). The Court directed the Managing Director of the NHIDCL, and the Director General (Military Operations) of Border Road Organization to forthwith take appropriate action for ensuring that all the formalities with respect to these 7 roads, be completed at the earliest and the papers reach the office of MoRTH, latest within two weeks from today and wherever it is not possible to do so, they shall explain, by way of an affidavit the difficulties/obstacles coming in their way.
Issues: 1. Whether the State Government and the concerned authorities had taken appropriate action for the preparation of DPRs for the construction of 69 roads approved in principle as new National Highways by the Ministry of Road Transport and Highways (MoRTH)? 2. Whether the National Highways and Infrastructure Development Corporation Ltd. (NHIDCL) and the Border Road Organization had taken appropriate action for ensuring that all the formalities with respect to the 7 roads assigned to them were completed at the earliest?
Ratio Decidendi: The Court held that the State Government and the concerned authorities had not taken appropriate action for the preparation of DPRs for the construction of 69 roads approved in principle as new National Highways by the Ministry of Road Transport and Highways (MoRTH). The Court also held that the National Highways and Infrastructure Development Corporation Ltd. (NHIDCL) and the Border Road Organization had not taken appropriate action for ensuring that all the formalities with respect to the 7 roads assigned to them were completed at the earliest.
Final Decision: The Court directed the Managing Director of the NHIDCL, and the Director General (Military Operations) of Border Road Organization to forthwith take appropriate action for ensuring that all the formalities with respect to these 7 roads, be completed at the earliest and the papers reach the office of MoRTH, latest within two weeks from today and wherever it is not possible to do so, they shall explain, by way of an affidavit the difficulties/obstacles coming in their way.
JUDGMENT :
V. Ramasubramanian, J.
This Public Interest Litigation is an off root of another Public Interest Litigation of the year 2015, bearing CWPIL No.17 of 2015. In the said Public Interest Litigation CWPIL No.17 of 2015, this Court passed an order on 24.11.2017 taking note of the fact that the Ministry of Road Transport and Highways Government of India had accorded, in principle approval, for the declaration of 61 roads in the State of Himachal Pradesh as new National Highways. This Court recorded in its order dated 24.11.2017 that considering the importance of timely construction of new National Highways, this Court deemed it proper to supervise the progress made in the construction of the Highways. Taking note of the communication of the Central Government dated 14.09.2016, this Court directed on 24.11.2017 in CWPIL No.17 of 2015 that a separate PIL should be registered.
2. Subsequently another Public Interest Litigation in CWPIL No.212 of 2017 concerning the construction of National Highways covering a total length of about 750 Kms was taken up by the Court and the Registry was directed to register three separate public interest litigations, with respect to each of the three different Highways, namely, Pinjore-Baddi-Nalagarh NH-21A, Shimla-Matour NH 88 and Pathankot-Mandi NH-20.
3. Accordingly, the above Public Interest Litigation in CWPIL No.268 of 2017 was separately registered for the purpose of addressing the issue of award of contracts for the preparation of detailed project reports. After the registration of the said PIL, several orders were passed from time to time. Some of the orders passed are extracted as follows:-
"(i) Order passed on 01.12.2017
"Mr. Anup Rattan, learned Additional Advocate General, under instructions, from Mr. B.K. Sharma, Chief Engineer, (NH), HP PWD, Shimla-1 has handed over the status report of finalization of consultants in preparation of DPRs which reads as under:-
"Status of finalization of consultant in preparation of DPRs of "In Principle" declared National Highways in the state of Himachal Pradesh.
| Total in principle declared National Highways | 69 |
| Total number of roads in which the work of consultancy already awarded for preparation of feasibility study and DPR for National Highways upon approval of ministry (MORTH). | 8 |
| Seven already awarded and 8th case awarded to M/s Sowil India ltd. on 29.11.2017 | |
| Total number of roads upon finalization of technical, financial and tender based estimate completed and sent to ministry (MORTH). | 24 |
| 22 already sent and two cases sent to ministry on 29.11.2017 | |
| Total number of roads in which tenders called and are in its evaluation stage which are likely to be finalized and to be sent to Govt. of India by 5.12.2017 | 18 |
| Tenders invited but yet to be finalized | 9+3=12 |
| Road to be constructed by other agency i.e. NHIDCL 4nos BRO 1nos Already constructed by HPRIDC 2nos | 7 |
| Total | 69 |
Mr. Anup Rattan further states that work of preparation of DPR reports stands awarded to (1) M/s EXPLORER Consultancy Services Pvt. Ltd. Plot No.3, First Floor Sector 18 Serhaul Hurugrum Haryana 122001. India; (2) M/s WAPCOS Ltd., 7th Floor "Kailash", 26 Kasturba Gandhi Marg New Delhi 110001 India; (3) M/s Sowil Ltd., D-157, Sector-7, Noida 201301 India; (4) M/s RITES Ltd., RITES Bhawan 4th Floor-HW Plot No.1 Sector 29 Gurugram Haryana 122001; and (5) M/s STUP Consultations Pvt. Ltd. 1112, Vishal Tower, Distt. Centre Tankpuri, New Delhi 110058 India. As such, we implead them as party respondents No. 5 to 9. Service upon the aforesaid respondents be effected through respondent No.4.
Insofar as 24 cases which are pending consideration with respondent No.1 are concerned, Mr. Desh Raj Thakur learned counsel states that necessary action shall positively be taken within a period of one week. We clarify that if needful
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