Tuesday, November 5, 2024
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NHIDCL flags ‘interference by NGOs with ulterior motive’

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SHILLONG, March 28: The ambitious Shillong-Dawki road project has been long delayed, much to the dissatisfaction of the stakeholders. Two out of the five packages of the project seem to be bedevilled by vested interests. As such, work on the aforementioned packages of the project has seen little progress.
The National Highways and Infrastructure Development Corporation Limited (NHIDCL) has complained that both the delay on the part of the state to hand over land and the constant interference by NGOs with ulterior motives have scared the contractors away and new contractors are reluctant to bid for the two packages of the project. This transpired on Tuesday during a hearing in the High Court on a petition claiming that a large number of trees were being felled for a project that was still on the drawing-board in — the Shillong-Dawki road project.
The court has asked Dr N Mozika, DSGI, K Khan, AAG, and K Paul, appearing for the petitioner, all leaders of the Bar to take a more proactive role and engage with NHIDCL and the state both to keep unwelcome interference by NGOs at bay and to ensure the smooth and expeditious completion of the Shillong Dawki road project.
The court, in larger public interest, retained the case in question to ascertain the widening of NH 40 from Shillong to Dawki, a part whereof involves the construction of a flyover from Rilbong to Jhalupara.
The court said that it noticed that some of the trees had already been felled when the matter was received.
Since the matter pertained to the construction of a road for augmenting access and, as a consequence, lessening the traffic congestion in the state capital, particularly at the point of entry into Shillong, the Court did not issue any injunction but required the actual felling of trees to be delayed till just before the work had to be taken up.
But the petition complained that though nothing has been done for the construction of the flyover between Rilbong and Jhalupara, several tens of trees have been brought down, while raising apprehensions that like in several other cases, this may be another instance of trees being felled in the name of an upcoming project where the project is later stillborn.
Since both the state and NHIDCL submit that they are committed to the construction of the flyover from Rilbong to Jhalupara, the petitioner’s apprehension that trees have been felled for no ultimate purpose may not hold water, it ruled. The court, however, remains hopeful that the state machinery will provide adequate assistance to NHIDCL for the smooth and expeditious completion of the project.
According to NHIDCL, work is proceeding on three of the packages but the contractor identified to undertake the first package (Rilbong to Mylliem), which includes the construction of the said flyover, has abandoned the site because of increased cost estimates.
It is almost the similar situation for package five as the contractor originally engaged has abandoned the work.
The court has advised the state to request its representatives to liaise with NHIDCL to indicate timelines for the further construction, including the construction of the first package, which includes the flyover, and the final stretch into Dawki.
The state was asked to extend all cooperation to NHIDCL as, at the end of the day, the benefit would go to the state and primarily the people living here.
“There is no doubt that the State and the NHIDCL can sit across the table to chalk out a plan so that the disruption of traffic is as little as possible during the construction of the flyover and other stretches of the Shillong-Dawki road,” the Court said
After perusing NHIDCL’s latest affidavit, the court said it is evident that several of the packages await the road clearance from the state.
“It is possible that vested interests over small tracts of land may be holding the project to ransom and it is the State’s duty, in its own interest, to ensure that the larger public interest is subserved by its intervention so that the entire stretch of the road can be constructed without any further impediment,” the Court said
In particular, lawyers were also suggested that they may offer their services for mediation or conciliation so that the similar impediments that remain in land being handed over to NHIDCL for completing the project are taken care of.
The NHIDCL pointed out that in the order of December 16, 2022, the court had called upon the state government to constitute a high-level committee to remove the bottlenecks in the handing over of land. In the case that the relevant committee in terms of such order has not yet been set up, the court has told the state to take immediate steps to constitute the panel to consider the matters in greater detail with both the contractors and the NHIDCL officials.
Both the state and the NHIDCL have been asked to file status reports when the matter appears next, six weeks hence.

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