IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2921 of 2022 ======================================================

Vikas Kumar (NH-30- Ara- Mohania pkg- I and II)

... ... Petitioner/s Versus The Union of India & Ors.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Vikas Kumar (In Person)

For the State : Mr. P.K, Shahi, Advocate General Mr. Anjani Kumar, Sr. Advocate AAG-4 Mr. Alok Kumar Rahi, Advocate For the NHAI : Mr. Dr. K.N. Singh (Asg), Sr. Advocate Mr. Sanat Kumar Mishra, Advocate Mr. Shivaditya Dhari Sinha, Advocate Mr. Abhinav, Advocate For U.O.I.(Railway) : Mr. Amish Kumar, Advocate ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

20 20-02-2026 In pursuance of the order dated 30.01.2026, 8^th supplementary counter affidavit has been filed on behalf of the respondent no. 3, NHAI, duly sworn by one Ranjeet Kumar Verma, Project Director, Sasaram PIU, National Highway Authority of India wherein, it is stated as follows:-

“4. That the total length of the Project is 4.5 KM and the Appointed Date, i.e., the date of commencement of the Project, is 6th October, 2025. The Construction Period stipulated under the Concession Agreement is 1.5 (one and a half) years. Accordingly, the Scheduled Project Completion Date is 6th April, 2027, being 548 days from the Appointed Date. It is respectfully submitted that the Project is expected to be completed within the stipulated construction period.

5. That with regard to the regulation of overloaded vehicles/trucks, it is submitted that the same is being carried out strictly in accordance with the guidelines issued by the National Highways Authority of India and the provisions of the Concession Agreement. In this regard, Static Weighbridges of 100 MT capacity have been installed on both sides of the Toll Plaza at Chainage 16+030, situated in Village Babhaniyawan. Further, MS-WIM (Mainline Weigh-in-Motion) systems have been installed across all eight lanes for continuous monitoring of axle load and gross vehicle weight of passing vehicles. It is further submitted that the Static Weighbridges and the MS-WIM systems have been duly handed over to the agency operating the Toll Plaza for operation, monitoring, and ensuring necessary compliances in accordance with the applicable guidelines and contractual provisions

6. That with respect to the structural condition and alleged cracks in the bridges falling under the Project Highway, it is submitted that all such bridges have been duly inspected in accordance with the applicable inspection protocols and contractual provisions. Upon inspection, the bridges are found to be in sound structural condition. No structural defects, cracks of structural significance, or distress affecting the stability, load-carrying capacity, or safety of the bridges have been observed.

7. That however, the approach section of VUP-I at Chainage 50+611, falling in Village Maliyabag, and another VUP-II at Chainage 22+500, falling under Village Jagdishpur, were reported to have been affected. Immediately upon such occurrence being brought to the notice of the NHAI and the Contractor, necessary precautionary measures were undertaken in the interest of public safety, including diversion of traffic through the service road.

8. That the rectification and restoration works in respect of the aforesaid approach sections of the VUPs are presently underway and have reached an advanced stage of completion. The NHAI is making all earnest and concerted efforts to ensure that the restoration of both approach sections is completed on or before 31st March, 2026.”

2. On perusal of the paragraph no. 5 of the said affidavit, we find that though some provisions have been made for the weighbridges to regulate the overloaded vehicles/trucks, but nothing has been mentioned therein that what