HC concern against NHAI for lack of progress in maintaining NH-44

Excelsior Correspondent

Srinagar, Feb 17: The High Court has expressed concern for not taking effective progress and steps by the National Highway Authority of India (NHAI) on maintaining the Srinagar-Jammu National Highway.
The Division Bench of Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul upon perusal of the pleadings on record said that no effective progress is, in fact, made with regard to the Court direction over the maintenance of Udhampur to Banihal and Banihal to Ramban sections of National Highway.
Court directed the senior Additional Advocate General, B A Dar to update the status of the compliance of the directions passed by this Court on February last year by the next date of hearing.
Court also directed the Registry to send the court directions to the Chairman, National Highways Authority of India for ensuring filing of updated status and compliance report as also appearance of counsel on behalf of the Authority on the next date of hearing as no one was present on their behalf before the court.
The four lanning of Udhampur-Ramban Section of NH-1A (Now NH-44) from Km 67.00 to KM 89.00 and Km. 130.00 to Km. 151.00 under NHDP Phase-II (design Length = 40.07 Km) was allotted to M/s Gammon India Private Limited for an amount of Rs.1709.99 crores.
The letter of intent was issued on 23.09.2015 with completion date as 27.12.2018. The scope of work includes eight major bridges, 59 minor bridges, 492 box culverts, two of tunnels of 888 m and 794 m length.
However, NHAI has stated that there has been a delay in the execution of the work because of the orders passed by the High Court at Jammu in the case of 7 villages located from Nashri to Ramban Section 10197 Km, and the land was made available to the contractor from the months of May to July, 2018.
The additional land for Chanderkot Bypass is yet to be made available to the contractor as the land acquisition proceedings are under process. There are 69 structures in the row still existing, due to which the work could not be taken so for.
There are also some vigilance cases for the felling of trees in Chanderkot area, which is also causing delay in the execution of the work as per the NHAI.
With regard to Ramban to Banihal section which is four laning of NH-1A (Now-NH-44) from km 131 to km 187.00 under NHDP Phase-II (Design Length = 32.10 Km) was allotted to M/s HCC Limited for an amount of Rs 1783 Crores.
In view of the report, Project Director, Ramban has approached the DPR consultant to work on the proposal in line as advised by the expert committee along with the financial proposal for approval of competent authority especially for the stretch where cutting of hill slope is yet to be undertaken by the contractor.
“For maintenance of existing road, the contractor for widening of roads, it is a contractual obligation of the contractor to maintain the existing highway for the traffic.”
“As the new lane which is under construction is on uphill side of the existing road and the culverts constructed in this lane flow directly to the existing carriageway which causes damages to the existing carriageway frequently. The same were repaired repeatedly.”
The Chief Secretary was required to convene a meeting of the Commissioners /Secretaries to Government, Revenue Department; Power Development Department and Forest Department and ascertain the difficulties, concerning the Government of Jammu and Kashmir, being faced by the National Highways Authority of India in the competition of the entire project, as detailed out by them in their status report/ response and issue all possible directions to the concerned authorities for their removal at the earliest. But the court in this regard has not been updated till today.
The existing condition of road  stretching right from Udhampur to Chenani and Chenani to Banihal, is precariously shabby and that the concerned Contractors are not maintaining the said roads as per the required level and in this regard authorities were supposed to inform the court over progress for maintaining these roads. However no such information in shape of status report has been filed before the court.