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2018 Supreme(Jhk) 1801
IN THE HIGH COURT OF JHARKHAND AT RANCHI
APARESH KUMAR SINGH, ANIL KUMAR CHOUDHARY, JJ.
The Court on its Own Motion - Appellant
Versus
The Union of India through its Secretary, Ministry of Road Transport and Highways, New Delhi and Ors - Respondent
W.P. (PIL) No. 3503 of 2014, 2470 of 2015
Decided On : 09-07-2018
Advocate Appeared:
For the Respondent:Mr. Rajeev Ranjan Mishra, GP-II, M/s Rajiv Sinha, ASGI, Niraj Kumar, JC to ASGI, M/s Anil Kr.Sinha, Sr. Advocate, Sweety Topno, Advocate, M/s. Abhay Pratap Singh, Sr. Advocate Anoop Kr. Mehta, Advocate, M/s Jai Prakash, Sr. Advocate, P.A.S.Pati, Advocate
Headnote:
Constitution of India,1950 - Article 226 - Investigation - Inquiry - Several orders were passed one after other- Sometime during course of proceedings issue relating to delay in four- of Ranchi-Jamshedpur National Highway was also taken up agency Ranchi Expressways Ltd- was as party Respondent- Inspection was also carried out by court appointed Pleader Commissioner in respect of repair work done on -This court took note of delay in construction on Ranchi-Jamshedpur stretch by order - Respondent agency was required to indicate as time period within which construction of road is likely to be completed- Affidavit to that effect were filed agency gave timeline within which stretch were to be completed- Through its affidavit Respondent Agency also gave their status of finance- It was stated therein that Agency has invested and received financial assistance from Financial Institutions to tune as loan-Held, Court of said case also observed that such investigation would also reveal whether there was possible connivance of those who were charged with duty of preventing scams of such nature in breach of law- Therefore it needs to be closely examined and effectively dealt with- Investigation into larger conspiracy angle would thus inevitably bring such statutory regulators also under close scrutiny- An effective and independent investigation was required examine role of different bodies including regulatory bodies case of Union of India & others prayer for investigation by CBI was made by widow of a sitting MLA of Uttar Pradesh Assembly - Apex Court dealt with precedents rendered including in case of Committee For Protection of Democratic Rights and observed that discovery investigation and establishment of truth are main purposes of courts of justice and indeed are raison for their existence- It further observed that quest for truth is a mandate of justice and that preeminence of truth is guiding star in a judicial process forming foundation of justice We therefore direct Central Bureau of Investigation through its Director to be as a Respondent- Registry to ensure addition of Central Bureau of Investigation through its Director as Respondent - ASGI who also represents CBI is required to seek instruction from CBI on this issue- Learned counsel for CBI along with its authorized representative may in meantime if required inspect SFIO report in manner directed by our order - Order accordingly
ORDER :
1. Heard learned Senior Counsel for the NHAI, lead bank (Canara Bank), The Respondent No. 6 - Concessionaire, State Government and learned ASGI representing the Union of India on the SFIO Report. Serious Fraud Investigation Office was directed by order dated 14.11.2017 to inquire and ascertain whether the present matter involves serious case of fraud which requires to be investigated. SFIO conducted the inquiry and submitted a report in a sealed cover before this Court which was produced by the learned ASGI.
2. The background in which the direction was issued upon the SFIO to inquire into the matter, needs to be referred to hereinafter:
The instant Public Interest Litigation was initiated suo-motu by order dated 14.07.2014 on the basis of newspaper report alleging large scale cutting of trees indiscriminately for the purpose of road construction at various places.
Several orders were passed one after the other. Sometime during the course of proceedings, issue relating to delay in four-laning of Ranchi-Jamshedpur National Highway (NH-33) was also taken up. The agency Ranchi Expressways Ltd. was impleaded as party Respondent. Inspection was also carried out by the court appointed Pleader Commissioner in respect of repair work done on the NH-33. This court took note of the delay in construction of the NH-33 on Ranchi-Jamshedpur stretch by the order dated 08.06.2017. The Respondent agency was required to indicate as to the time period within which, construction of the road is likely to be completed. Affidavit to that effect were filed on 28.06.2017 and 30.06.2017. The agency gave timeline of May 2018 within which, stretch of 88.029 km were to be completed. Through its affidavit dated 30.06.2017 the Respondent Agency also gave their status of finance. It was stated therein that the Agency has invested 408.14 crores and received financial assistance from Financial Institutions to the tune of Rs. 919.73 crores as loan.
3. When the matter was taken up on 25.07.2017, the Court took note that this work was under Design, Build, Finance, Operate and Transfer (DBFOT) annuity basis under NHDP Phase-III. In essence, it meant that the Agency has to arrange finances for execution of work. The cost of execution of the project was to be realized through annuity. As per the agreement, stipulated date of completion was 04.06.2015. The construction period was 912 days. This court found the affidavit of 28.6.2017 and 30.6.2017 perfunctory in the sense that it did not provide the details of the entire work to be executed as were deliberated on the earlier date 10.07.2017such as, (i) the work Schedule Programme / Revised Work Programme to ensure execution of the work by May 2018; (ii) the extent of progress of work as on that date and the latest work programme; (iii) Bar chart showing progress of the work as per the work programme; (iv) areas in which there are difficulties in the execution of project in view of the awaited forest clearance, land related issues i.e., acquisition of land / removal of encroachment; any change in the scope of work midway etc. It was also taken note of that 44% of the work had been executed by the agency till July 2017. It was observed that the NHAI and the Agency had to give clear cut milestones in order to ensure that entire four-laning of NH-33 is completed within a stipulated period of time. The court further took note of the fact that NH-33 is one of the commercial lifeline of the State. About 7000 vehicles on an average ply on this road every day and night including heavy vehicles and very heavy vehicles. It also took judicial note of the fact that large number of accidents leading to fatal or near fatal injuries take place almost on regular basis in this stretch of the National Highway. Therefore, there was a larger humane aspect of the matter as well. The construction of NH-33 four-lane Highway at the earli
