Title: Kynjaimon Amse v. National Highways Authority of India (NHAI) & ors
Decided on: 5th october 2023
PIL No. 11 of 2022
Coram: Hon’ble Mr. Justice Sanjib Banerjee and Hon’ble Mr. Justice B. Bhattacharjee
Introduction
High Court of Meghalaya recently awakened the National Highways Authority of India (NHAI) for its negligence over the poor and deteriorating state of National Highway (NH-6).
Facts of the case
The National Highways Authority of India has filed a status report indicating that a new contractor has been engaged on September 29, 2023 to undertake repair operations spanning from Sonapur to Ratacherra. Whereas the existing contractor is required to undertake repair work from Jowai to Sonapur. Detailed work is filling the potholes, drain-cleaning in Khliehriat, the repair of damaged pavements and attending to the Sonapur tunnel area. The intention is that the misery of citizens in the locality and the trauma that the vehicles on the relevant stretch of NH-6 go through are alleviated, if not altogether removed. The petitioner has produced photographs from the NH-6 stretches near Mynkre village, Tongseng village, Sonapyrdi village and Lumshnong village, which reveal the abysmal condition of the roads with potholes that are more appropriate to be regarded as craters with no sign of any blacktopping in the relevant stretches.
Court Analysis and Decision
The court expressed that inefficient work is unacceptable in a civilized country and is a shame to remind a Central body as the NHAI of its duties and responsibilities. The terrain in the State is difficult to negotiate and far-flung areas wait for supplies and essentials, but the supply chain is completely disrupted by the poor conditions of road. Local officials of the State ought to have reported the matter well in advance to the higher authorities in Shillong for NHAI to be persuaded to ensure that the road was in better condition and not reduced to pitiable state.
It was decided that in addition to NHAI reporting on the work undertaken and completed, the Deputy Commissioner of the East Jaintia Hills districtis is required to file an independent report as to the status of the relevant stretch of NH-6. Out of deep concern the State was directed to complete the repair and renovation of the Jowai Bypass within the a month from the date of hearing and emphasized the urgency of taking up more permanent repair work thereafter to prevent such deterioration of the road.
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Written by- K R Bhuvanashri