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Judgment
Ramalingam Sudhakar, CJ
[1] Heard Mr. Juno Rahman, learned counsel for the petitioner and Mr.A.Romenkumar, learned Amicus Curiae. Also heard Mr. N.Kumarjit Singh, learned Advocate General for the State respondents.
[2] The prayers No.1,2, 3 and 5 in the present PIL are as follows:-
"PRAYER
(i). To issue directions to the Respondents to take meticulous control and surveillance on the construction/ repair of the said National Highway 37 and National Highway No. 2 in the interest of general public, more particularly the people of Manipur, to make the said National Highway conveniently safe and worthy for the required volume of vehicular traffic.
(ii). To direct the respondents to take up all adequate measure/ mechanism for construction activities of the NH-37 and National Highway No. 2 for check and balance misappropriating the funds so allocated and spent for said National Highway i.e. NH-37 and NH- 2 or to book the white-collar criminals who are involve in the misappropriation of money in this regard as per law of the land.
(iii). To direct the respondents to do whatever is required for keeping vehicular traffic on the said national highway 37 and Nh-2 to carry essential commodities and to meet the needs of the people of Manipur.
(v) To direct the respondents to construct the three existing Balley suspension Bridges along NH No. 37 (Imphal Jiribam road) as bridges are not functioning as a result of which restriction has been imposed allowing movement of vehicle of 24 GVW only such restriction has resultantly and perpeheally caused sky rocketed price rise in all the essential commodities. Hence, strengthening of this existing Balley Suspension Bridges are urgently required. Bridges are (i) Existing Balley suspension Bridge of Span length 360 ft. across Barak River, (ii) B 3 B of Span length 240 ft across Makru River, (iii) 140 ft. TSR Balley Bridge across Irang River, such bridges can be strengthened by attachment of close reinforcement to stiffening guides which can be executed by NHIDCL through Garden reach shipbuilders and Engineers Ltd. 43/46, Garden Reach Road, Kolkata-700024.
[3] The PIL has been filed highlighting the bad condition of the National Highways Nos.37 and 2 with the prayer to direct that it should be properly maintained and also security surveillance should be invoked to ensure that there is free flow of traffic on these highways, which are treated as lifelines of Manipur. As a consequent to the relief of laying proper highway and maintenance, it is pleaded that so far in the construction activities relating to National Highway Nos.37 and 2, there has been large scale misappropriation of funds and therefore, the quality of works has suffered. The third prayer appears to be to ensure that the highways are properly maintained for movement of essential commodities for the people of Manipur. The last prayer is for strengthening the existing bailey bridges, 3 in numbers across Irang river to a particular agency of Kolkata. We hasten to state that no such specific direction can be given to the National Highways Infrastructure Development Corporation Ltd. (NHIDCL) to give the work to a particular person because that is completely in the domain of the Executing agency of the Union or the State Government to decide who will be the most competent person to execute the work. In this regard, it is for the State and Union authorities to decide how to strengthen the existing bailey suspension bridges in an appropriate manner.
[4] Having observed as above, the cause of action as pleaded in the present PIL appears to be that while NH-37, Imphal-Jiribam road and NH-2, Imphal-Mao road is totally in a bad condition and is not in a motorable condition. Besides, it is subjected to frequent blockades and bandhs thereby affecting free flow of movement of people and goods which is affecting the normal life of the people of Manipur and hence, the PIL was filed.
[5] It will be necessary to recapitulate the earlier proceedings on identical reliefs which was considered by this Court in PIL No.46 of 2015 and PIL No.13 of 2010. Several orders have been passed which may be relevant even today and we extract such orders.
[6] The matter was taken up by a Full Bench of this Court and the following orders were passed on 04.11.2015 as extracted below:-
"04.11.2015
Mr. H. Debendra, learned counsel appearing for the State, takes notice on behalf of respondents, 2, 3, 4 & 5; and Mr. S. Suresh, learned CGSC, takes notice on behalf of respondents 1,6,7 & 8.
Issue notice to the respondents 9 & 10 by registered post.
Steps be taken by Friday, i.e. 06.11.2015.
It is directed that the State should provide adequate security for movement to the vehicles which are stranded due to economic blockade.
Put up this case after 4 (four) weeks."
[7] On 23.6.2016, the Full Court again passed the following orders:-
"PIL No. 46 of 2015
BEFORE
THE HON'BEL CHIEF JUSTICE (ACTING) R.R.PRASAD HON'BLE
MR.JUSTICE SONGKHUPCHUNG SERTO
23.06.2016
Heard Mr. M. Hemchandra, learned counsel appearing for the petitioner and Mr. Th. Ibohal Singh, learned Advocate General, Manipur for the State.
The grievance which has been raised in this application is that a call had been given by some organizations led by respondent no. 9 for economic blockade for ten days to be ensued from the midnight of 2nd November, 2015 as a result of which the people/citizen of Manipur would be suffering in many ways whereby they would be put to loss which would not only confine to them but to State also. Those apart miseries of the people would be manifold.
From the perusal of the application, it does appear that the grievance which has been raised was with respect to call given of economic blockade in the year November, 2015. Since the period is over, one may easily take a stand that cause of action does not survive but according to learned counsel appearing for the petitioner it has become a day to day affairs in the State of Manipur and in such a situation, he needs to bring this fact on record highlighting that after 2nd November, 2015 how many times of such kind of blockades general strike, bandh, etc. by all the organizations including the organization led by respondent no. 9 have taken place. Learned counsel for the petitioner, further, points out that from the affidavit filed on behalf of the respondent State, it never appears that any effective measures have been taken to prevent that kind of blockade rather only excuses seem to be there though it is a constitutional duty of the State to protest the right of every citizen.
Learned Advocate General by referring to the affidavits filed on behalf of respondents State submits that it is not that State is mute spectator but has been taking measures for preventing economic blockade or any kind of bandh and this would be reflected from the affidavits filed on behalf of the respondents.
Be that as it may, the facts remain that in past several such economic blockages had been enforced and at present also it is going on unabated and according to learned counsel appearing for the petitioner, it will go in future on account of situation prevailing in the State. Had effective measures been taken earlier, there would not have been such frequent economic blockades, general strikes, bandh, etc. Under the circumstances, we call upon the authority to the State to put an affidavit about the measures taken earlier to prevent the economic blockade and the reasons as to why it did not work and also the measure which the authority is contemplating to take in days to come so that we may consider over its effectiveness. Learned counsel appearing for the petitioner at this stage volunteers that he would also be giving valuable suggestions with respect to measures to be taken in this regard. Accordingly in the facts and circumstances as stated above, matter be posted on 12.07.2016 so that an affidavit be filed on behalf of the petitioner and also on behalf of the State as indicated above.
Let copy of this order be handed over to the learned counsel appearing for the parties in course of the day."
[8] On 12.7.2016, the Full Court again passed the following order and it reads as under:-
" PIL No. 46 of 2015
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
12-7-2016
Heard Mr. M. Hemchandra, learned counsel for the petitioner as well as Mr. Th. Ibohal, learned AG assisted by Mr. Viscount, learned GA for the State respondents and Mr. S. Rupachandra, learned counsel for the Union respondents.
This matter has been taken up for hearing today. It has been, however, observed that in the earlier order of this Court dated 23-6-2016, this Court had expressed the desire that the petitioner as well as the State respondents file necessary affidavits. This Court observed that, had effective measures been taken earlier, there would not have been such cases of economic blockade, general strike, bandhs etc., and accordingly called upon the State authority to file an affidavit about the measures being taken earlier to prevent such disturbances and also measures which the authority is contemplating to take in future to prevent such disturbances. The Court also noted that the petitioner had volunteered to give suggestions in respect of the measures taken in this regard. However, such affidavits are not forthcoming today. Considering the public importance involved in this PIL, we are of the view that filing of such affidavits without fail would be desirable.
We have also noted that though the petitioner had taken steps for service of notice upon the respondent Nos. 9&10 by registered post, we are not absolutely sure as to whether notices had been actually served on them, as none appeared today on behalf of either of these respondent Nos. 9&10. Therefore, in order to obviate any possibility of lack of service of notice upon them, let the petitioner take fresh steps for service of notices upon respondent Nos. 9&10 by way of substituted service by publishing in two local newspapers, both in English for two consecutive days.
Though this PIL has been filed primarily prompted by the economic blockade imposed on the National Highways No. 2 and 37, the petitioner has made an omnibus prayer in this PIL to deal with not only the blockades imposed on National Highways but also bandhs, general strikes etc., imposed in all other areas of Manipur, thus encompassing both the hills and valley areas of Manipur. The learned counsel for the petitioner prays that the order that may be passed in this PIL may cover the entire areas in Manipur. The scope of this PIL thus is expanded to cover all areas of Manipur. We have however noted that the pleadings are inadequate.
Thus considering the above, we are of the opinion that the State authorities as well as the petitioner may also indicate by way of affidavit how many bandhs had been called and also the number of working days affected by such bandhs during the last ten years in the State and the adverse impact such bandhs / strikes have on the social and economic life of the people of Manipur. In this regard, the State authority would be at liberty to take the help of any expert body to make assessment as regards the impact, including the loss and damages caused by such bandhs and blockades on the society.
Considering the importance of this case, we are also of the view that opinion of the public in general may also be invited for which the State respondents shall issue a public notification inviting opinions, suggestions from any individual/club/registered organisations or such bodies including Associated Manipur Chamber of Commerce or any registered employees' union etc. concerning bandhs, blockades and strikes in Manipur, by way of publication in two local newspapers, both in English and local vernacular for consecutive two days and such individual or organisations may be at liberty to file necessary affidavit or written submissions addressed to the Registrar General of the High Court.
Keeping in mind the importance of the case, we are also of the opinion that submissions on the part of senior advocates in this PIL would be welcome and in this regard learned AG has suggested the names of the learned senior counsels, viz., Mr. H.S. Paonam, Mr. B.P Sahu, Mr. Kh. Mani, Mr. I. Lalitkumar, Mr. N. Kumarjit and Mr. A. Romenkumar, learned counsel. We are of the view that their valued suggestions would help this Court in arriving at an appropriate decision.
Considering the importance of the case, we are also of the view that this matter may be referred to the Full Bench of this Court for which the matter may be laid before the Hon'ble Chief Justice (Acting) for appropriate orders.
List this matter after six weeks.
Copies of this order may be given to the parties.
JUDGE JUDGE
Chongnunkim"
[9] On 31.8.2016, the Full Court further passed the following order as under:-
"P.I.L. No. 46 of 2015
BEFORE
HON'BLE THE CHIEF JUSTICE MR. RAKESH RANJAN PRASAD
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
31.08.2016
"Before we proceed further in the matter, the relevant portion of the order dated 12.07.2016 with which we are presently concerned with needs to be referred to, which reads as follows:
"Considering the importance of this case, we are also of the view that opinion of the public in general may also be invited for which the State respondents shall issue a public notification inviting opinions, suggestions from any individual/club/registered organizations or such bodies including Associated Manipur Chamber of Commerce or any registered employees' union, etc. concerning bandhs, blockades and strikes in Manipur, by way of publication in two local newspapers, both in English and local vernacular for consecutive two days and such individual or organizations may be at liberty to file necessary affidavit or written submissions addressed to the Registrar General of the High Court."
Mr. M. Hemchandra Singh, learned counsel appearing for the petitioner by referring to notice published at the instance of the learned counsel appearing for the State in the newspaper on 2nd August, 2016 submits that it has been issued in terms of the order dated 12.07.2016. Though notice has been issued but none of the registered organizations/bodies, registered employees' union, etc. except MPP Think Tank has put their suggestions. However, we do consider that their suggestions would be valuable in the matter which concerns one and all who are residents of the State of Manipur. Therefore, they need to be impleaded as parties. Otherwise also they appear to be necessary parties.
Under the circumstances, learned Advocate General, Manipur as well as learned counsel appearing for the petitioner are called upon to furnish the list of the registered organizations/societies/Associated Manipur Chambers of Commerce or any registered employees' union such as students' union, trade unions or any other Unions including registered political parties and NGOs who are concerned with the issue so that they be impleaded as party respondents.
Matter be posted on 21.09.2016 so that the desired list as stated above be furnished.
Let a copy of this order be handed over to the learned Advocate General, learned counsel for the petitioner as well as Mr. A Romenkurnar Singh, learned amicus curaie for needful."
[10] On 23.11.2016, the Full Court again passed the following order which is quoted as below:-
"P.I.L. No. 46 of 2015
With
MC (P.I.L.) No. 9 of 2016
BEFORE
HON'BLE THE CHIEF JUSTICE MR. R. R. PRASAD
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
"23.11.2016
Chief Justice
Heard Mr. H.S. Paonam, Mr. Kh. Mani Singh, I. Lalitkumar Singh, Senior Advocates, Mr. Y. Nirmolchand Singh, Mr. A. Romenkumar Singh, Mr Th. Roson andMr. Phungyo Zingkhei, Advocates appearing on behalf of the petitioner and others who had been noticed. Also heard Mr. Th. Ibohal Singh, learned Advocate General, Manipur appearing for the State as well as Mr. S. Rupachandra Singh, learned ASG assisted by Mr. S. Suresh, Iearned CGC appearing for the Central Government.
This Public Interest Litigation (PIL) came on board today on mention being made by Mr. Y. Nirmolchand Singh, Vice-President of High Court Bar Association of Manipur. According to Mr. Y. Nirmolchand Singh on account of economic blockade being put over the National High Way No.2 (i.e. 39 Old) and National High Way No. 53 (i.e. 37 Old) by the United Naga Council (in short UNC), people of the State of Manipur are suffering a lot as on account of that the prices of all essential items are skyrocketing. Petrol is being sold at Rs. 300/- per litre and prices of all vegetables have gone 3/4 times more. Not only that there has been scarcity of essential items upon which the people has to depend every day and as such every people has to lead a difficult life. In spite of that, no action seems to have been taken by the State Government to alleviate the miseries of the people by getting the economic blockade lifted. Even assistance either of the Central Government or the Central Forces does not seem to have (some words illegible)...... for and thereby economic blockade is going unabated and (some words illegible).... the people of Manipur has virtually becomes a hell and thereby necessary order be passed directing the State Government to take measures so that economic blockade put over the highways be lifted.
Upon it when we asked from the Advocate General as to what measures have been taken till date for getting the economic blockade lifted keeping in view the miseries of the people, he submits that he needs to take instruction in the matter and after taking instruction he would be able to tell to this Court about the measures which have been taken and also about the measures which the State Government is proposing to take for getting economic blockade lifted.
The stand appears to be quite justified as it is not expected that the learned Advocate General would be aware off hand of all the situations. But keeping in view the miseries of the people which is aggravating day to day we will be calling upon the Advocate General to have instructions in this regard so as to it be placed before this Court day after tomorrow, if possible with relevant files, so that we may able to come to know about the measures which have been taken and the measures if taken are sufficient enough to handle the situation prevailing and that whether any assistance has been sought for from the Central Government or the Central Forces to get the blockade lifted by resorting to provision as has been contemplated under the Armed Forces (Special Powers) Act, 1958, which Act is applicable over the territory where the problem lies.
It is made clear that if on the next day we are unable to get proper assistance for want of necessary instruction in this regard, we will be constrained to pass effective order. Meanwhile learned counsel appearing for the Union of India will be seeking instructions in the matter which has been highlighted.
Let this case be listed at 10.30. AM on 25.11.2016.
Let a copy of this order be handed over to the learned Advocate General and also to the counsel appearing for the Union of India as well as to all concerned in course of the day."
[11] On 25.11.2016, the Full Court further passed the following orders:-
"P.I.L. No. 46 OF 2015
BEFORE
HON'BLE THE CHIEF JUSTICE RR PRASAD
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
25.11.2016
Pursuant to order passed on 23.11.2016, learned Advocate General places before us a written instructions, containing the statements relating to steps which had been taken by the State Authority either to get the economic blockade withdrawn or the measures taken by the State police to escort the loaded and empty trucks to and fro from Mao- Imphal, Jiribam to Imphal, Imphal to Jiribam which are necessary to be mentioned. It reads as follows:
i. A telephonic discussion was held between the Hon'ble Chief Minister, Manipur and Hon'ble Home Minister Shri Rajnath Singh on 09.11.2016 on the issue of economic blockade called by the UNC since 1st Nov.2016, wherein the Hon'ble Chief Minister has requested the Central Government to intervene and convince the UNC to call off the economic blockade.
ii. The Hon'ble Chief Minister, Manipur vide D.O. NO. 3/5(3) 2014-H (L&O) dated 11.11.2016 requested the Hon'ble Union Home Minister to look into the issue personally and sought his intervention in arranging necessary directions to the UNC to withdraw the economic blockade on the National Highway. A copy of the D.O. letter under reference is at Annexure-A. It may be mentioned that UNC is the frontal organization of NSCN (IM) which is under peace talks with the Government of India.
iii. The Hon'ble Chief Minister had personally met the Hon'ble Union Hoe Minister at New Delhi on 19th Nov. 2016 and sought the help of Central Govt. and to direct the UNC and the NSCN(IM) to call off bandh as the NSCN(IM) and Central Government have understanding among them.
iv. The Chief Secretary, Govt. of Manipur also issued a press Note on 10.11.2016 making a appeal to all the civil society organization to call of an agitation/bandhs and blockades (Annexure-B).
v. The State Government has been organizing security convoy for movement of loaded vehicles including the oil tankers from Jiribam to Imphal.
a) One convoy arranged from Mao to Imphal on 4.11.2016
b) One convoy arranged from Jiribam to Imphal on 16.11.2016
c) One convoy arranged from Jiribam to Imphal on 18.11.2016
d) One convoy arranged from Jiribam to Imphal on 20/11/2016
e) One convoy arranged from Jiribam to Imphal on 24/11/2016.
vi. The following measures were taken by the State Police Department to escort the loaded and empty trucks to and fro Mao-Imphal/ Jiribam - Imphal/Imphal-Jiribam;
a. Deployed manpower for escort duty and ROP duty for bringing IOCL product tankers, FCI item Trucks on the days given below:
b. On NH-2 (Mao-Imphal (1 trip) from 16:00 hrs of 04-11-2016 to 17:00 hrs of 06-11-2016, 1 Commandant, 1 Asst. Commandant, 6 Jemdars, 4 SOs and 173 others were utilized for escort duty and 1 SP, 2 ASP, 5 OCs and 75 Armed Personal were utilized for ROP duties on NH-2 (Mao- Imphal(1trip) for escorting of IOCL product/FCI trucks etc. This was for arrangement of movement of transportation of 80 loaded trucks then stranded at Mao to Imphal on 04-11-2016.
c. On NH-37 (Imphal- Jiribam) (1 trip) Departure Imphal on 14-11.2016 at 08.00 hrs for Jiribam for escort duty of empty vehicles, 1 Commandant, 1 ASP, 1 DSP, 1 AC, 1 Sub., 5 SI, 2 Jemdars, and 104 others were utilized for escort duty and for ROP duty one SP, 2 ASP, 1 SDPO, 4 OCs and 80 armed personal in addition to CRPF/MR for movement of about 200 empty IOCL Tankers and FCI Foodgrains trucks etc. from Jiribam to Imphal and escorting back stranded about 155 filled IOCL Tankers from Jiribam to Imphal.
d. Departure Jiribam on 16-11-2016 at 08.00 hrs for escort duty of loaded vehicles to Imphal (2 trips), 1 CO, 1 ASP, 1 DSP,
1 AC, 1 Subedar, 5 SI, 2 jem., and 104 Ors. were deployed . For ROP duty 1 DIGP, 5 Cos, 5 GOs, 4 ACs 3 Subs. 12 Jem., 7 SIs and 472 Ors for escorting about 80 filled IOCL products, etc. as per Annexure C & D.
e. Requested the Army/AR/CRPF to provide security coverage during each escort/convoy & ROP Movements vide Message dated 04-11-2016, 15-11-2016, 17-11-2016, 19-11-2016 and 22-11-2016 as also in Annexure D."
According to learned Advocate General, the steps were taken in order to alleviate miseries of the people of Manipur which got inflicted upon them on account of economic blockade put in by UNC but the State Govt. is not getting any assistance from the Central Govt. to make the efforts taken effective so as to have have smooth ply of the commercial vehicles laden with the essential commodities to city of Imphal and other places. However, this claim was disputed by the learned counsel appearing for the Union of India by taking a plea that central is ready to give assistance but in absence of any formal request being made nothing could be done. Upon it, learned counsel Mr. Hs Paonam, Mr. Kh. Mani Singh, Mr. I. Lalitkumar Singh, Sr. Advocate and Mr. A Romenkumar Singh, Mr. Th. Roson and MR. Phungyo Zinkhai, appearing for the petitioner and other persons to whom notices had been issued submit that on account of economic blockade going on unabated since 1st of Nov. 2016 one can imagine miseries and suffering of the people living in the State of Manipur and therefore immediate measures are required to be taken by the State Govt. and also by the Central Govt. and they put forth various suggestions before the court. Some of the suggestions, though would be quite effective, but we would be taking into account those suggestions at the time of final disposal of this case. But presently we would be confining ourselves to that extent by which miseries of the people of the State be alleviated immediately.
Resorting to strike/bandh or economic blockade to get a demand or even a legitimate demand fulfilled, instead of resorting to lawful means is challenge to supremacy of law. Not only that in such type of bandh resulting into disturbance of public tranquility, affecting right to life of the public proving to be hurdle in sustainable development of the State, is certainly unconstitutional which warrants to be dealt with strongly in order to bring life of the people to normalcy but on account of one or other reasons, the steps which seems to have been taken is not proving to be effective to get the blockade lifted or to frustrate its enforcement by the organization as a result of which public at large is suffering a lot and thereby their fundamental rights to live peacefully has been shattered. Public has virtually been put to ransom by some organizations by resorting to blockade. In such event, it is the bounden duty of the State Govt. and the Central Govt. to take following measures immediately to bring the situation to normalcy.
(i) The Chief Secretary, Govt. of Manipur and also the DGP, Manipur are hereby directed to take measures immediately which would be proving to be effective to get the economic blockade lifted;
(ii) To take measure to have free flow of the traffic over the NH-2 andNH No.53 so that there may not be hindrance in plying commercial vehicles laden with essential commodities and also with other articles as well as passengers vehicles;
(iii) If the State authority does have any kind of constraints in getting their measures to implemented with, they will be seeking assistance of the Central Govt. to have deployment of adequate force over the NHs or having a constant vigil on it so that there may not be any obstruction in the movement of the vehicles;
(iv) To arrange convoy immediately so that 100 trucks reportedly stranded at Mao be brought to the city of Imphal and at other places;
(v) To make arrangement for having convoy for everyday or at an interval which would be found to be suitable and practicable for smooth plying of commercial and other vehicles to and fro;
(vi) On receiving requisition of Central assistance, the Central Govt. will immediately take steps for deployment of the force either of CRPF, BSF, Assam Rifles or any other para-military/central forces over the Highways either for being stationed at the troubled area or for regular and frequent ROP so that commercial vehicle and other vehicles may ply without any hindrance;
(vii) To convene meeting immediately of CHQ chaired by Hon'ble the Chief Minister to have a better coordination of the Central forces with the district administration in order to take necessary step for ensuring smooth flow of traffic over National Highways;
(viii) To take stern action against the person resorting to economic blockade. Presently, we are not going into detail in this regard as we do propose to pass order later on about the manner in which they are to be dealt with.
Put up again on 1.12.2016.
Copy of this order be handed over to learned A.G., Manipur and all the learned counsels concerned.
JUDGE JUDGE CHIEF JUSTICE
Joychand"
[12] On 01.12.2016, the Full Court Bench passed the following order:-
"P.I.L. No. 46 of 2015
With
MC (P.I.L.) No. 9 of 2016
BEFORE
HON'BLE THE CHIEF JUSTICE MR. RAKESH RANJAN PRASAD
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
01.12.2016
Rakesh Ranjan Prasad, C.J
Mr. Th. Ibohal, learned Advocate General, submitted that pursuant to order passed by this Court, Police Department immediately took up the matter with the State Government for doing needful to comply the directions given by this Court. Acting on that, the State Government moved to the Ministry of Home Affairs, Government of India to provide 60 posts of CRPF/BSF along the 2 (two) Highways, N.H. No. 37 and N.H. No. 2. In response to that forces were made available by the Central Government for reinforcement of the State Police and on account of that, authority of the State Government could be able to bring the stranded trucks to the city of Imphal. Learned Advocate General assures us that they would be able to bring the things to normalcy within four or five days by getting adequate deployment of Central Forces not only over N.H. No. 37 but also over N.H. No. 2 for smooth movement of traffic.
At the same time, it was stated at the Bar that some measures seems to have been taken which are proving to be effective but those measures are required to be strengthened more so that normalcy be returned.
In this regard, it was further pointed out that State Government be directed to deploy Central Forces at vulnerable points which would be 3 or 4 in number where disturbances are created more so that it be checked. At the same time, it was also suggested that 2 (two) bridges are there at vulnerable points over N.H. No. 37 and N.H. No. 2 which need to be protected as from the past experience, it can be said that some mischief may be played by the persons engaged in the economic blockade, and thereby direction be given to have round the clock vigil over those bridges.
The suggestion made on behalf of the Bar appears to be quite appropriate and therefore, the State Government is hereby directed to do the needful in the matter of deployment of Central Forces over the vulnerable points and also do the needful to protect not only the bridges but also vital installations by having deployment of forces and by keeping constant vigil over the bridges and vital installations.
Matter be posted on 06.12.2016 at 10.30.
Let a copy of this order be handed over to learned A.G, Manipur and all the learned counsel concerned.
JUDGE JUDGE CHIEF JUSTICE
Sandeep "
[13] On 13.01.2017, the Full Court further passed the following order and it reads as under:-
"P.I.L. No. 46 of 2015
With
MC (P.I.L.) No. 9 of 2016
BEFORE
HON'BLE THE CHIEF JUSTICE MR. RAKESH RANJAN PRASAD HON'BLE MR. JUSTICE N. KOTISWAR SINGH HON'BLE MR. JUSTICE KH. NOBIN SINGH
13.01.2017
Rakesh Ranjan Prasad, CJ
The economic blockade which has been enforced by UNC from 01.11.2016 is still continuing, though at number of occasions, we have directed the State Government to do the needful so that it be lifted or there should be free flow of goods carriages/passenger buses. Unfortunately, no effective step seems to have been taken as a result of which it is still continuing.
When the matter was taken up today, we called upon the learned Advocate General to place before us about the difficulties which the State Government is facing in either getting economic blockade over the National Highways lifted or having a free flow of goods carriages over the National Highways. Learned Advocate General places some correspondences exchanged in between the Central Government and the State Government. From perusal of those correspondences, it does appear that both the Governments are shifting blames on each other on account of which economic blockade is still continuing.
According to the State Government, effective measures could not be taken to lift the economic blockade as adequate forces were not deployed by the Central Government. In this regard, it was placed that 60 Coy was asked to be deployed for bringing the situation to normalcy but as against that, the Central Government did provide only 20 Coy which is inadequate to handle the situation. That apart, it was stated that there are some other difficulties also which he would be placing before this Court on Monday, i.e. 16.01.2017.
Be that as it may, one of the stands which the State Government has taken is about the inadequate deployment of central forces. In such situation, we would call upon the Central Government to make response in the matter relating to deployment of Coy as asked for by the State Government.
Matter be posted on Monday, i.e. 16.01.2017.
The documents which have been supplied in 3 (three) sets be kept in sealed cover.
Let a copy of this order be handed over to all the learned counsel concerned.
JUDGE JUDGE CHIEF JUSTICE
Sandeep"
[14] On 16.01.2017, the Full Court again pass the following order and it reads as under:-
"PIL No. 46 of 2015
BEFORE
HON'BLE THE CHIEF JUSTICE RR PRASAD
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
16.1.17
Rakesh Ranjan Prasad, CJ
Pursuant to order passed on 13.1.2017 when the matter was taken up for hearing today, learned Advocate General put up before us a brief write-up showing steps taken by the State Government to lift the economic blockade imposed by the United Naga Council(UNC) on the National Highways. By referring to the statements made in the said brief write-up, it was stated that 21 Coy which had earlier been deployed are engaged from before for providing securities to the railways, vital installations and also for maintenance of law & order. Since it was inadequate to handle the issues relating to economic blockade, a fresh requisition was submitted by the State Government to the Central Government whereby 38 Coys of CAPF were provided by the Ministry of Home Affairs, Government of India who had been deployed over NH-38 and NH-2 for ensuring safe passage of convoys escorting petroleum products and essential commodities in the State of Manipur. The deployment of 38 Coys is proving to be inadequate and therefore the Police Department has made a request to the State Government to move to the Central Government for providing additional 22 Coys of CAPF.
It was also submitted that the State Government has been able to restore smooth movement of the goods carrier over the NH-37 but problems relating to the movement of goods carriages over the NH-2 is still there which is on account of the fact that the transporters being quite wary about their safety during movement over National Highway are not willing to ply their goods carrier on the National Highway No.2 but the State Government is quite serious to see that economic blockade is lifted or there be smooth movement of the carriage goods even on NH-2 as early as possible.
Mr. S.Rupachandra, learned ASG appearing for the Union of India by producing a letter dated 13.1.2017 issued by the Dy. Secretary to the Govt. of India, Ministry of Home Affairs, NE Division, submits that State of Manipur had already been provided with 135 Coys of para-military forces. After the economic blockade, additional 40 Coys have been deployed leading to total deployment of 175 Coys in the State. Learned counsel, by referring to another letter dated 30.1.2017 issued by Joint Secretary (North East) MHA, North Block New Delhi to the Chief Secretary, Government of Manipur, submits that out of 40 Coys of the Central armed police forces, the State Govt. has not been able to deploy 16 Coys of it over the NH-2 for making it operational on account of lack of accommodation to them.
At this stage Mr. I. Lalitkumar. Mr. HS Paonam, Mr. BP Sahu, Mr Kh. Mani, learned Senior Advocates as well as Mr. A. Romenkumar, Advocate submit that inadequacy of the central forces never appears to be the reason preventing the State Government from getting economic blockade lifted to mitigate the hardship faced by the people of Manipur, as sufficient number of central forces are available with the State Government deployed from before who could easily contain the unrest going on since 1.11.2016 but they for one reason or the other seems to be quite indifferent to the issue which is proving to be very critical having its repercussion upon people of Manipur particularly living in valley. It was put forth on behalf of them that if necessary instructions come to them to deal with the situation with stern action, there would not be any difficulty whatsoever in getting the economic blockade lifted or having smooth passages for the goods carriage over the National Highways.
Regard being had to the facts and circumstances stated above, we called upon the learned Advocate General to state in specific term about the difficulties which they are facing on account of which the State Government has not been able to get the economic blockade lifted. Learned Advocate General again reiterated about the same facts which he had stated earlier.
Being not satisfied, we are of the view that some positive decisions are warranted to be taken which would be proving to be effective in getting the economic blockade lifted and to prevent loss of lives and to check price rise of the essential commodities. In that event, we direct the authorities to convene a meeting of CHQ immediately chaired by Hon'ble the Chief Minister to take decisions keeping in view the problems surfaced during the period, so that troubled areas over the NH-2 be identified and army/ Central forces stationed already at the areas along the NH-2 or army personnel/central forces to be deployed, be directed to take measures in harmony with the district administration for ensuring smooth flow of the goods carriages/traffic over both the National highways or to get the economic blockade lifted.
Matter be posted on Friday so that Court be apprised of steps taken for ensuring smooth traffic flow over the National highways to mitigate the hardships being faced by the people of Manipur. At the same time minutes of the proceedings of CHQ be produced in a sealed cover.
Matter be posted on Friday. Let a copy of the order be furnished to all concerned."
JUDGE JUDGE CHIEF JUSTICE
Joy "
[15] On 20.01.2017, the Full Court passed the following order and it is extracted:
"P.I.L. No. 46 of 2015
With
MC (P.I.L.) No. 9 of 2016
BEFORE
HON'BLE THE CHIEF JUSTICE MR. RAKESH RANJAN PRASAD
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
20.01.2017
Rakesh Ranjan Prasad, CJ
Pursuant to order passed by this Court on 16.01.2017, a meeting of CHQ was convened yesterday. The minutes of the meeting was placed before us by learned Advocate General in a sealed cover. It was quite surprising to us that even Advocate General was not aware of the minutes of the meeting. Therefore, a photocopy of it was furnished to learned A.G, and also to learned ASG which we expect that confidentiality of it would be maintained by them.
From the perusal of the minutes of the meeting, it appears that certain difficulties could be delineated, proving to be hurdle in getting economic blockade over National highways lifted. However, in order to get the economic blockade lifted they have identified 32 vulnerable points where personnel of the Army/Assam Rifles or Central Reserve Police Forces are required to be deployed. Further 25 areas have also been identified which are required to be taken care of by the State police.
On account of certain reasons as stated by learned counsel, which we don't consider right to spell it out, we are of the view that exercise for deployment of the Army/Assam Rifles or the Central Reserve Police Forces may be left to be open to be taken by the following persons for making it more effective :
(i) Director General of Police, Manipur, (ii) D.I.G./C.R.P.F, (iii) I.G./A.R.( South) Mantripukhri, (iv) G.O.C. - 57 Mountain Division, (v) D.I.G./C.I.(Operation)B.S.F.
Accordingly, they are directed to remain present in the Court at 10:30 a.m. on 23.01.2017. Since all those officers were present in the meeting, it is expected that they are aware of the minutes of the meeting and also the places/areas identified to be vulnerable and therefore, it would be better for them to work out in detail from before about the deputation of adequate number of forces over those places so that it may expedite consideration of the matter relating to deployment of aforesaid forces during hearing of the case.
Matter be posted on 23.01.2017 at 10:30 a.m.
Let a copy of this order be handed over to the learned A.G. as well as learned A.S.G. so that the order be communicated to all concerned as mentioned above. A copy of this order be also furnished to all learned counsel concerned.
The copy of minutes of the meeting which was placed before us be kept in a sealed cover.
JUDGE JUDGE CHIEF JUSTICE
Sandeep "
[16] On 23.01.2017, the Full Court passed the following order as below:-
"P.I.L. No. 46 OF 2015
BEFORE
HON'BLE THE CHIEF JUSTICE RR PRASAD
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
23-01-2017
Rakesh Ranjan Prasad, CJ
Following officials namely (1) D.G.P. Manipur, (2) IG/A.R.(South), Mantripukhri (3) GOC-57 Mountain Division, (4) DIG, CRPF, and (5) DIG, C.I.(Operation) B.S.F. are present in pursuance of the order dated 20.1.2017 passed by this Court.
When we expressed anxiety that in spite of passing of more than 90 days of putting the economic blockade over the National Highways, no effective measure seems to be taken either by the Central Govt. or by the State Government to mitigate the miseries of the people of Manipur, the IG A/R South, GOC 57 Mountain Division and also other Officer's present informed us that they are assisting the State Police in every manner in order to lift the economic blockade.
DGP Manipur also conveyed us that the State Govt. has taken every possible measure for getting the economic blockade lifted and in fact State has been able to have have smooth passage of the traffic over NH-37. He, however, informed that some problems still persists in having free flow of traffic over the NH 2 but they would be able to bring it under control provided 72 (seventy two) Coys of central forces is deployed by the Central Govt. for the purpose as discussed in the CHQ meeting held on 19.1.2017.
During the hearing when we felt that some sensitive issues are also involved in the matter relating to measures to be taken by the security forces for getting the economic blockade lifted, we expressed that the issue be discussed in camera. Accordingly, we discussed the matter in camera with the officers in presence of Mr. Th. Ibohal, learned Advocate General and Mr. S. Rupachandra, learned ASG. In the meeting , it was informed by the DIG, CRPF that under the convoy a number of lorries carrying diesel and petrol and also goods carriages of FCI and other carriages are being taken to the city of Imphal through NH-37 but it consumes a lot of time on account of reason that the condition of the Highway No. 37 as well as 3 bridges in between the Imphal and Jiribam i.e. over Makru, Barak and Irang rivers are in deplorable conditions. If the condition of the road as well as the bridges are improved, it would hasten the passage of the traffic that a lot of time would be saved.
This information that adequate number of lorries carrying diesel and petrol and other commodities are being brought to Imphal city, it surprises us a apparently there has been scarcity of petrol and diesel in the township of Imphal and other places. At the same time, there appears to be dearth of food grains on account of which food grains are being sold at much higher prices. Therefore, before we pass effective order relating to lifting of economic blockade, we consider it necessary to hear the authorities of IOC and FCI as well. Accordingly, Divisional Manager, IOC Imphal Division Office, Congress Bhavan, BT Road and also Secretary, Consumer Affairs Food & Public Distribution (CAF & PD), Govt. of Manipur be impleaded as party.
Learned Advocate General accepts notice on behalf of the Secretary, Consumer Affairs, Food & Public Distribution (CAF & PD), Govt. of Manipur and Mr. S. Rupachandra, learned ASG accepts notice on behalf of the FCI. Let notice be issued through special messenger upon the Divisional Manager, IOC so that it be served by tomorrow.
Matter be posted day after tomorrow.
Copy of this order be furnished to learned counsel appearing for the parties.
JUDGE JUDGE CHIEF JUSTICE
Joychand"
[17] On 25.01.2017, the Full Court again passed the following order:-
""P.I.L. No. 46 of 2015
BEFORE
HON'BLE THE CHIEF JUSTICE RR PRASAD
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
25-01-2017
Rakesh Ranjan Prasad, CJ
On the last day, when it had been placed before us that on account of dearth of food grains and other essential commodities including consumable items, those items are being sold at quite higher price and that there has been acute scarcity of petrol and diesel, we passed order for issuance of notice to the Divisional Manager, IOC, Imphal Division and also the Commissioner cum-Secretary, Consumer Affairs, Food & Public Distribution (CAF & PD), Govt. of Manipur upon their impleadment.
Pursuant to the notice issued, the Commissioner cum - Secretary, Consumer Affairs, Food & Public Distribution (CAF & PD), Govt. of Manipur did appear who placed before us the stock position of petroleum product and also food grains meant to be distributed under public distribution system and at the same time it was pointed out that stock of the food grains Would last only for 41(forty one) days whereas stock of the petroleum product is not for more than 3 ½ days. When we put question relating to other consumable items, he expressed his ignorance but assured that he will be taking stock of the situation and will be making aware of it to the Court on the next date of hearing of the effective steps taken to address the shortage and to put check over price rise.
On the other hand, a chart was placed by Mr. Binod Kumar Sarma, Deputy General Manager (Operations), Indian Oil, ADD State Office, Guwahati, being one of the representative of the IOC, showing the quantity of the petroleum product transported to the city of Imphal during last three months preceding the economic blockade and also quantity of the petroleum product transported for the months of November and December, 2016 and January, 2017 (till 24.1.2017) which is shown as follows:
"1. The total qnty of MS, HSD,SKO & ATF transported/shipped to the Depot during last 3 months preceding the Economic Blockade.
INPUT
MS
SKO
HSD
LPG(MT)
ATF
AUG'16
4796
1048
6362
1827
92
SEPT'16
5134
2256
7526
1816
176
OCT'16
4742
1140
8774
1876
360
The total qnty of MH, HSD, SKO & ATF transported/shipped to the Depot since imposition of the Economic Blockade.
INPUT
MS
SKO
HSD
LPG(MT)
ATF
NOV'16
2388
300
2542
1128
116
DEC'16
1614
126
3402
1154
420
JAN'17 (till 24th)
1867
528
3762
1178
350
From comparison of the figures of both the situations, it would appear that the quantity of the petroleum product which is being transported after imposition of economic blockade is quite less. In that event, when a query was made as to what would be the minimum requirement of petroleum products in terms of truck load which would meet the day to day requirement, it was informed that at least 42 to 45 carriages/lorries filled with petroleum product would be required. He, further, pointed out that by that standard there would be requirement of 675 carriages of petroleum products in a fortnight. In this regard, it was also pointed out that reasons for less transportation of the petroleum product is that convoy, under whose security coverage petroleum product and other trucks laden with other commodities are transported, could be arranged only for 5 times in the month of November and in the month of December for four times whereas up till now in the month of January, 2017 it has been increased to 8 times.
During the hearing, it was pointed out even by learned Sr. counsel, namely, Mr. I. Lalitkumar, Mr. HS Paonam, Mr. BP Sahu, Mr. Kh. Mani and Mr. A. Romenkumar that if the shortage of convoy is increased to the extent of 15 to 20 in a month, it will certainly lessen the miseries of the people of Manipur, However, at the same time the learned counsel, by referring to yesterday's incident of arms attack on the convoys, submit that if it is not checked either by the Central or State Governments, transporters Would be reluctant in plying their goods carriage over the National Highways. Further, it was pointed out that keeping in view the situation prevailing at the local market in the wake of economic blockade being put in, the Civil Supply Department, Govt. of Manipur should have risen to the occasion to check the position of the essential consumable items so as to have have thcse items readily available in order to put check over the price rise. Further it was placed before us that frequency of the goods carriages under convoy is quite less and one of the reasons of it is bad condition of NH-37 which needs to be improved immediately even by adopting temporary measures.
One of the suggestions which was put in by Mr. A Romenkumar is that if the IOC personnel takes measures for arranging transportation from Ramnagar terminal near Silchar, it will consume a very less time for carriages to come to Imphal City than the time consumed in coming to Imphal to Gauhati. In this situation, we, in order to have smooth passage over the NH-37 and NH-2 of the goods carriages and to have sufficient quantity of the food grains and also the other consumable items and to put check over the price rise, are of the view that following measures are necessary to be adopted either by the Central Government or by the State Government accordingly.
(i) GOC-57 Mountain Division/IG/AR(South) is directed to take adequate and effective measures along the areas, 32 in number as identified in the meeting. under their control covering NH-2 and also the area covering NH-37 so that there may not be any recurrence of the firing by anyone on the convoy.
(ii) They are further directed to arrest any person against whom a reasonable suspicion exists that he would be committing a cognizable offence in order to put hindrance in the movement of vehicular traffic over NH-2 or NH-37 in the area under their control;
In the event, an unlawful assembly is formed to put check over the vehicular traffic in any manner, the armed forces/Assam Rifles, in order to maintain public order, would be co-operating the Executive Magistrate(s) who would be deputed by the State Government over the trouble areas, where the State Govt thinks fit and proper to depute at the areas already determined in the meeting of CHQ to disperse the crowd;
The Central Government Is hereby directed to provide immediately 72 Companies for disposal by the State Government so that they be deployed over the all the areas including the areas, as has been identified as vulnerable areas in the meeting of CHQ held on 19.1.2017 in order to put check upon any person o group of persons to come over on the road either on NH-37 or NH-2 to put blockade over the movement of the vehicular traffic;
In case State Government/concerned District Magistrate is apprehensive of untoward incidence in spite of all the measures being taken, that people or group of people may indulge, they would be promulgating 144 of Cr.PC over the area in order to put check against them to come over the road;
The State Government is, further, directed to take measures to increase the frequency of convoy at least 15 to 20 in a month particularly over NH-37;
The central Government is hereby directed to take immediate measures to improve the condition of the road which is in very bad shape so as to make it pliable /motorable especially from Awangkhul to Khongsang, 5 Km on either side of lrang bridge and 2 Km on either side of bridge on Barak river;
The State Government is also directed to adopt a mechanism keeping in view the dearth of consumable items or any other item including petroleum product for its transportation by giving priority to it;
In view of the acute scarcity of petroleum product I.O.C. is directed to take measure for transportation of the same from its Ramnagar terminal to Imphal by way of temporary measure.
The aforesaid directions are to be carried out by all concerned in letter and spirit. Matter be posted on 31.1.2017 so that feedback be given to this Court about the situation prevailing and the steps taken.
Copy of this order be furnished to learned counsel appearing for the parties."
[18] On 31.01.2017, the Full Court again passed the following order and it reads as under:-
"P.I.L. No. 46 OF 2015
BEFORE
HON'BLE THE CHIEF JUSTICE RR PRASAD
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
31-01-2017
Rakesh Ranjan Prasad, CJ
When the matter was taken up, learned Advocate General, at the outset by referring to a notification dated 30.1.2017 issued by the Consumer Affairs & Food Distribution Department, submits that in compliance with the order passed by this Court, a meeting was convened whereby, taking into account the ground situation regarding availability of petroleum products, other commodities and also the related problems, a decision was taken in order to mitigate the miseries of the people of Manipur to the effect as stated below:
"5. Now, therefore, in supersession of all orders issued in this regard, the Governor of Manipur is pleased to order that henceforth, the armed security convoy shall lift about 300 vehicles (100 for petroleum product+ 50 for rice+ 50 for various dry food provisions+100 for various items of cement, steel/iron rods, automobile parts, oxygen and also life saving drugs etc) from Jiribam in each occasion until further orders in order to minimize the parking loads of the trucks gradually at Jiribam."
Upon going through the said decision, when taking into account the situation prevailing relating to the road condition and other aspects, asked the learned Advocate General as to whether it would be possible to have convoy of 300 vehicles everyday? Learned Advocate General, upon consulting the Commissioner-cum-Secretary, Department of Consumer Affairs & Food Distribution, realized the difficulties and conveyed us that they will be having convoy of 300 vehicles four times in a week for bringing it to Imphal from Jiribam. Upon which, we directed to go for that but out of 100 trucks of the petroleum products, 50 should be of petrol and rest as indicated above including petroleum products and other commodities.
At this stage, Mr. A. Romekumar, learned Advocate did point out that Government does not seem to have any mechanism to have control over the distribution and to put a check over the price rise, as a result of which the unscrupulous traders by taking advantage of the situation, selling the essential commodities and other consumable items at much higher prices than the prices at which these are available at other places and therefore the State Government be directed to take a decision in this regard. Suggestion made appears to be quite appreciable. Therefore, we hereby direct the Commissioner Cum-secretary Department of Consumer Affairs & Food Distribution to convene a meeting today itself (31.01.2017) to formulate a mechanism for the distribution of the food grains received under transportation and other consumable items so that decision taken in this regard be placed before this Court tomorrow.
We also called upon Mr. S. Rupachandra, learned ASG as to whether direction given by this Court under order dated 25.01.2017 with respect to deployment of forces and also repairing of road of NH-37 has been carried out, Mr. Rupachandra by placing a confidential letter submitted that keeping in view the directions given by this Court, number of decisions have been taken and even army personnel have been deployed at the places where it was considered to be necessary. However, it was submitted that direction relating to repairing of road, is still to be carried out as it seems that process to take such decision is still underway. Upon it, we reminded him that keeping in view the situation which had emerged out during hearing on the other day necessitating action to be taken immediately pertaining for repair of road (NH -37), it should have been taken immediately as bad condition of road is proving to be a great hurdle in smooth transportation of goods carriages from Jiribam to Imphal.
Accordingly, by impleading the Secretary, Ministry of Defence, Govt. of India and the Secretary, Ministry of Road Transport and Highway, Govt. of India as respondent Nos-11 and 12 respectively, we direct them to carry out our order immediately with respect to repairing of the patches of road (NH-37) indicated earlier.
Matter be placed before us tomorrow so as to have have outcome of the meeting as directed to be held today.
JUDGE JUDGE CHIEF JUSTICE
Joy"
[19] On 22.02.2017, the Full Court passed the following order as below:-
"PIL No.46 of 2015
BEFORE
HON'BLE THE CHIEF JUSTICE RR PRASAD
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
22-2-2017
Rakesh Ranjan Prasad, CJ
In terms of the order dated 8.2.2017, respondent No.15 Shri Gaidon Kamei and respondent No.20 Shri, Shangkhil Stephen, the President and Secretary respectively of the UNC were produced in the Court from custody. Other office bearers did not appear in spite of notices being issued published in the two daily Newspapers. In such situation of notice being published, we could have accepted the notices being served on them, but we thought it proper and appropriate to get the notice again be published in the daily Newspapers at the instance of the State by day after tomorrow so that the other respondents may appear by Monday, i.e. 27.2.2017, on which day respondent Nos- 15 and 20 shall be produced in the Court by the Superintendent Jail, Sajiwa.
When we called upon the respondent Nos- 15 and 20 to have their say as to why not an appropriate order be passed for putting economic blockade on NH-2 and NH-37 which, in terms of the decision of the Hon'ble Supreme Court, can be taken to be illegal, both of them requested the Court to fix the matter on other day so that their counsel may make response on the said point. We accordingly accepted their request.
Taking the other issue of the matter, we may state that a report has been submitted at the instance of Special Secretary, CAF & PD, Govt. of Manipur showing transportation of petroleum products in terms of tanker load from 1.2.2017 to 21.2.2017, i.e. for 3 weeks. On perusal of it, we do find that transportation of petroleum products could be made under convoy for 10 times only whereas as per the order passed earlier, it should have been at least for 12 times. When we asked for explanation about the shortage, no satisfactory reply could be given by the learned Advocate General. However it was stated before us that shortage which was found by the Court would be compensated within next few weeks and at the same time they would go on transporting the petroleum products and other consumable and essential commodities from Jiribam to Imphal in terms of the order passed by this Court earlier.
It be stated that the allotment of petroleum products made to eachof the outlet/petrol pump be displayed in the notice board at the instance of the State Government authorities or the IOC personnel which would be verified by the Members of the Committee so that report be submitted by the Committee to this Court by the next date.
Further, a comparative chart relating to, the prices of consumable items for the month of Sept. 2016 to Feb/2017 has also been placed at the instance of the State. At the same time, one chart showing current rate or foodstuffs on which it is being sold, was also placed by other side. On comparison we do find difference in prices for some of the items. In that event, It was pointed by Mr. Romenkumar that authentic rates of the food-stuff and consumable items would be there which is being maintained in the form of Dy.Commissioner Market Interest(DCMI) which had earlier been ordered to be placed before the court but the same has not been placed and therefore the State be asked to produce the said document. We accordingly direct the State to place that document before us by the next date.
Upon taking up the matter relating to deployment of para-military forces/ central forces, it was placed before us by Mr. PS Narasimah, learned Additional Solicitor General, Govt. of India that in order to fight out insurgency, 135 Coys of the Central forces/para-military forces were there from before which comprises of 51 Coys of para-military forces and 84 Coys of Assam Rifles. Thereafter, 40 Coys of the para-military forces were further deployed which were sufficient to tackle with the situation arising out of imposition of the economic blockade. After reinforcement of 40 Coys of para-military forces the State Govt. would not be requiring any further deployment if the deployment is done in more rational manner. However, 205 Coys of the Central forces/para- military forces would be deployed within a couple of days though tor the election duties but their services can be utilized by the State Govt. If the State Govt. prudently comes to a decision to have deployment of some of the forces from them. Thus, submission which was advanced is that the State Govt. does have sufficient number of central forces/para-military forces to tackle the situation which got cropped up on account of imposition of the economic blockade.
During hearing, we drew the attention of Mr. PS Narasimah, learned Additional Solicitor General on the order dated 13.2.2017 passed in P.I.L. No. 13/10 wherein this Court, having taken into account the condition of road, to certain extent indicated in the order, being too bad hampering the movement of traffic considerably which would further deteriorated on account of onset of rainy season, had directed to BRO to take up repairing of the road in the manner indicated in the order, but the BRO had been disowning the work to be undertaken as under the order of the Government of India, one organization, NHIDCL, has taken over the work relating to construction of the road.
Mr. PS Narasimah, learned Additional Solicitor General sought time to discuss this issue with the official of both the organizations to find out effective solution to be placed before this Court on Wednesday, i.e. 1.3.2017. However, it was assured to us by learned ASG that in any event Government would see that it always remains motorable and the movement of the vehicles does not get hampered.
Put up the matter on Monday, i.e. on 27.2.2017.
Copy of the order be furnished to all concerned including the Committee members."
[20] On 23.3.2017, the Full Court of this Court passed the following orders:-
"P.I.L. No. 46 of 2015 with
MC (P.I.L.) No. 2 of 2017 with
P.I.L. No. 13 of 2010 with
MC (P.I.L.) No. 9 of 2016
BEFORE
HON'BLE THE CHIEF JUSTICE MR. RAKESH RANJAN PRASAD
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
23.03.2017
Rakesh Ranjan Prasad, CJ
Upon calling of the case, it was pointed out by learned counsel appearing for the petitioner that though, economic blockade which was put in at the instance of UNC has been lifted a couple of days back, but the Court is required to continue with the hearing of the matter so that guidelines/directives be issued to be adhered to by the authorities of the Central/State Government to prevent any body/institution/organization from putting any economic blockade in future and to take actions in terms of the guidelines to be laid down against the erring person. In this regard, Mr. A. Romenkumar, learned counsel; Mr. I. Lalitkumar, Mr. Kh. Mani, learned senior counsel; and also the other counsel submit that they would be placing their suggestions in this respect. It was also placed that it has been seen earlier that print media as well as electronic media give too much importance to the economic blockade which probably gives impetus to the members of the organization to enforce it more vigourously which needs to be prevented by taking measures to be laid by this Court.
We would be welcoming all those suggestions, if placed before us. It be recorded further that since it is being proposed that some suggestions would be there for consideration for imposition of ban on publication/telecast of the news relating to economic blockade/bandh by print media/electronic media, it would be proper and appropriate that respondent No. 10 be noticed through special messenger so that he may appear through counsel to be heard in the matter on the next date.
Coming to other issue relating to the repairing of road particularly, N.H. 37, it was brought to our notice by General Manager, NHIDCL, that LOA has already been issued to an agency on 10.03.2017 for repairing/ maintenance of the road starting from km. 75 to km. 145, including km. 83 to km. 96. Further, it was pointed out that so far other stretch relating to km. 186 to km. 192 is concerned, though LOA has not been issued, but direction in writing has been given to the agency to go for repairing work immediately, so that it be completed by 30.04.2017. General Manager, NHIDCL submitted that he is sure that by 30.04.2017, necessary repairing as indicated above would certainly be done.
In course of hearing, it was also pointed out that the condition of N.H. 2 is also not good in some stretches and as such, it also requires immediate repairing, details of which would be given later on.
However taking into account that road condition of N.H. 2 is also very very bad, we would like to know about the proposal of the State Government, for repairing of the said Highway, which we were informed, has undertaken the repair of the said road. If such proposal is there, it be placed before this High Court.
Matter be posted on 25.04.2017, on which day, Additional Chief Engineer, National Highway, PWD, Manipur, shall remain present in the Court at 10:30 am., so that he may apprise about the condition of the road and also about the proposal, if any for repairing of the road.
Let a copy of this order be handed over to all concerned.
JUDGE JUDGE CHIEF JUSTICE
Sandeep "
[21] On 25.4.2017, the Full Court passed another order and it reads as under:-
"P.I.L. No. 46 of 2015 with
MC (P.I.L.) No. 2 of 2017 with
MC (P.I.L.) No. 5 of 2017 With
P.I.L. No. 13 of 2010 with
MC (P.I.L.) No. 9 of 2016
BEFORE
HON'BLE THE CHIEF JUSTICE MR. RAKESH RANJAN PRASAD
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
25.04.2017
Rakesh Ranjan Prasad, CJ
Pursuant to order passed by this Court on 23.03.2017, Additional Chief Engineer, National Highway, PWD, Manipur, is present, who placed before us that upon estimation being made for filling up potholes over the entire stretches of 106 km of NH-2, it was found that the amount which would be required would be Rs. 13.46 crore. Proposal for sanctioning the said amount has not yet been sent to the Central Government. However, the amount of Rs. 1 crore out of Rs. 1.35 crore which had been sanctioned by the Central Government at the beginning of the financial year, is being utilized in filling up of potholes with sand and gravels only, in anticipation of permission being granted by the State Government.
When we expressed our surprise as to how long even for a week it will last, when bitumen has not been used, no one raised any doubt over it. In that event, we are hereby directing the State Government to immediately send the proposal to the Central Government for release of a sum of Rs 13.46 crore, so that the authority, keeping in view the deplorable conditions of the road and also the factor of onset of monsoon season, shall sanction the amount at the earliest, preferably by the end of this week for the purpose of filling of potholes with sand, gravels and bitumen.
Furthermore, the Secretary, Works, PWD, Manipur, upon aforesaid amount being spent, will be doing the needful for examining the conditions of the road as to whether further repairing is required, and if he would be satisfied that further amount is required to be spent, he will be making an estimate of it, and will be sending the proposal to the Central Government so that the amount be sanctioned on being satisfied that there has been proper utilization of the amount given earlier.
So far as the matter relating to repair of NH-37 is concerned, it was informed by Ms. Ayangleima, learned counsel, that the work relating to repair of NH-37 is going on with full swing, and she is quite hopeful that within time, it would be completed.
Matter be posted on 08.05.2017, on which day, status report be submitted by the Additional Chief Engineer, National Highway, PWD, Manipur, by way of affidavit.
Let a copy of this order be handed over to all concerned.
JUDGE JUDGE CHIEF JUSTICE
Sandeep"
[22] On 9.8.2017, the Court passed the following order as under:-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE KH. NOBIN SINGH
9-8-2017
Heard Mr. M. Hemchandra, learned senior counsel assisted by Mr. Juno Rahman, learned counsel for the petitioner as well as Mr. A. Romenkumar, learned Amicus Curiae, Mr. S. Suresh, learned CGC for the Union of India, Mr. K.R. Panmei, learned counsel assisting Mr. S. Rupachandra, learned ASG for the Union of India, Mr. R.S Reisang, learned senior GA for the State, Mr. L. Shyam for the respondent No. 15 and Ms. Ayangleima, learned counsel for the respondent No. 12.
Today, respective counsel for the State respondents as well a Union have produced certain reports about the progress of the work for maintenance of National Highway No. 39 and 37. As regards NH No. 39, it has been submitted that the repairing work is going on in respect of six segments and the main work has been assigned to one M/S Bhartia Infra Project Limited for strengthening the existing two lane pavement i/c paved shoulders on National Highway No. 39 from Km 260,000 to Km 287,000 on EPC Mode in the State of Manipur under NH -39 (O) (approximately 47.675 km) on the Mao-Senapati section of National Highway No. 39 on procurement, construction basis.
It has been submitted that because of the rainy season, the progress of the work is slow. It has been also stated by the State Government in the affidavit filed by the Additional Chief Engineer, PWD, Government of Manipur on 8-8-2017 that though the State Government had requested the Centre Government for release of Rs. 13.46 crores for repairing the road on the Mao-Imphal section of NH-2 (NH-39 old) in terms of the order passed by this Court on 25-4-2017, the Ministry has expressed their inability to enhance the allocation of funder under O.R.
In this connection, a copy of the letter dated 7th August, 2017 from the Ministry of Road Transport & Highways, Regional Office (Civil) Guwahati has been placed before this Court relating to grant of additional fund. It has been stated in the said letter that the Ministry had already allocated fund on an earlier occasions and as regards allocation of the additional fund of Rs. 13.46 crores, the letter is not clear.
Mr. K.R Pamei, learned counsel for the Union of India submits that he may be allowed to take some time to take necessary and specific instructions in this regard as to whether the Ministry has declined the additional fund requested by the State PWD. Be that as it may, we will consider this on the next date on 16th August, 2017.
The State Government will also furnish a copy of the affidavit filed on 8-8-2017 to the learned counsel for the Union of India.
Coming to the issue of repairing of the road in respect of National Highway No. 37, Mr. S. Suresh, learned CGC has submitted a report which indicates substantial work done and repairing being made and also under progress. While appreciating the action taken by the concerned authorities for improvement of the National Highway No. 37, as already observed earlier, since these national highways form a vital link with the rest of the country, keeping these national highways in good condition is of prime importance.
This Court accordingly, has decided to make an inspection of the work being executed in the National Highway No. 37 on the 12th August, 2017. Some of the learned senior counsel and other counsel have also volunteered to accompany us in the said inspection namely, Mr. R.K. Nokulsana, learned senior counsel, Mr. I. Lalitkumar, learned senior counsel Mr. Kh. Mani, learned senior counsel, Mr. I. Ishwarlal, learned senior counsel, Mr. Ng. Kumar, learned counsel and Mr. Jhaljit, learned counsel. In order to make this inspection more meaningful, all those contractors who are involved in the execution of the construction and maintenance work and the responsible officers of the NHIDCL (National Highways & Infrastructure Development Corporation Ltd.) may also accompany the inspection team. Though the learned AG is absent today, this Court expresses the view that the presence of the learned AG in the said inspection will be highly appreciated.
Registry of this Court may inform the State Government as well as all the concerned authorities about the visit/inspection on the National Highway No. 37 on 12th August, 2017 so that necessary and appropriate steps are taken by the authorities concerned.
Let the matter be listed again on 16th August, 2017.
Copies of this order may be furnished to all the learned counsel appearing in this case.
JUDGE ACTING CHIEF JUSTICE
Kim"
[23] On 16.8.2017, the Court passed the following order as below:-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE KH. NOBIN SINGH
16-8-2017
(Acting Chief Justice)
[1] Heard Mr. I. Lalitkumar, learned senior counsel as well as Mr. M. Hemchandra, learned senior counsel for the petitioner and Mr. A. Romenkumar, learned Amicus Curiae. Head also Mr. R.S Reisang, learned senior GA, Mr. S. Rupachandra, learned ASG, Mr. S. Suresh, learned CGC and Ms. Ayangleima, learned counsel for the respondents.
[2] The Judges constituting this Bench along with a team consisting of the learned Advocate General, Senior Advocates and Advocates of this Court as well as officials had visited and inspected the condition of the Imphal - Jiribam Highway on the 12th of this month (12-08-2017). The team could go up to Makru Bridge but could not proceed further as there was some repairing work going on in one of the bridges.
Because of the condition of the road in the present state, it cannot be considered to be a proper National Highway in the sense normally understood, with pot-holes, landslides, lack of proper drainage etc. at various portions. As regards the remaining portion from Makru Bridge to Jiribam, the Learned Judicial Magistrate 1st Class, posted at Jiribam may make an inspection of the road condition and submit a report within two weeks so as to reach this Court on or before 4th September, 2017. The Additional Deputy Commissioner of Jiribam may accompany the Learned Magistrate and also render all necessary assistance. The report may be submitted through e-mail to the Registrar General of this Court followed by hard copies by speed post.
[3] Mr. S. Suresh, learned CGC for the NHIDCL submits that NHIDCL has been entrusted with the work of development and maintenance of the Imphal - Jiribam Highway section running 217 kms as per Notification issued by the Government of India on 23rd December, 2016 in exercise of the powers conferred by Section 5 of the National Highway Act, 1956. Thereafter, the NHIDCL had taken up the task of short term improvement and routine maintenance of the Imphal - Jiribam Highway. It has been submitted that the aforesaid task has now been assigned to three contractors, one of which has been already impleaded as respondent No. 11 and there are other two contractors namely, M/S HVS Construction Materials Pvt. Ltd. and M/S Bhartia Infra Projects Ltd. on three segments of the National Highway. It has been also submitted that works will be completed in due course without further delay.
[4] In this regard, Mr. A. Romenkumar, learned counsel has submitted that in order to appreciate whether the work has been properly executed or not, it may be necessary to know the original work estimate prepared by the NHIDCL and submitted to the Central Government for the aforesaid work and the scope of the project which was approved by the Central Government. He states that the NHIDCL, before undertaking not only the short term improvement and routine works, under implementation, but also construction of two laning of the Imphal - Jiribam Highway, must have submitted a detailed report to the Central Government which must have been also approved before the NHIDCL can proceed with the execution of the work and as such, it would be necessary to know the aforesaid original project report or DPR submitted by the NHIDCL to the Central Government which was approved by the Central Government, for not only in respect of the short term improvement and maintenance but also in respect of the two laning of the National Highway, so that there can be effective monitoring of the works.
[5] We generally agree with the suggestion made by Mr. A. Romenkumar, learned counsel in this regard and accordingly, we direct the NHIDCL to submit details of the original work estimates submitted by them to the Central Government for execution of the aforesaid short term improvement and routine maintenance, as well as, two laning of the Highway. We also direct the NHIDCL to produce the contract agreement entered between the NHIDCL and the said three contractors for execution of the work which is said to be under process. As regards two laning of the Highway, Mr. S. Suresh submits that the DPR has also invited for bids and was scheduled to be held on 1-8-2017 and necessary information will be submitted before this Court. Accordingly, we also direct the NHIDCL also to submit the details of the tender process after completion of the tender process regarding two laning of the highway before this Court.
[6] Mr. S. Suresh, learned CGC prays that he may be granted two weeks' time to file the said reports, documents etc. by way of affidavit. Prayer is allowed.
[7] As regards National Highway No. 2 i.e., Imphal - Dimapur sector, it has been stated that the routine maintenance work is going on. We have no reason not to accept the said submission. It has been submitted by Mr. R.S Reisang, learned senior GA that one M/S Bhartia Infra Projects Ltd. has been awarded the contract work for improvement works under EPC between i) km 260.00 (Senapati) to km 287.00 (Koubru Leikha) & ii) km 212.325 (Mao) to km 260.00 (Senapati) have been signed on 30-06-2017 & 27-07-2017 respectively and the contractor and the State authorities are scheduled to make a joint site inspection on 21st August, 2017 before executing the work and it has been submitted that the necessary improvement works as mentioned will be undertaken expeditiously.
[8] In this regard, we also expect the State Government to submit details of the original work estimate prepared by the PWD submitted to the Government for the purpose of the aforesaid two works and also the agreement entered between the State Government and the aforesaid contractor (M/S Bhartia Infra Projects Ltd.) before this Court. Mr. R.S Reisang, learned senior GA prays that he may be permitted to so within two weeks. Prayer is allowed.
[9] Since M/S Bhartia Infra Projects Ltd. which is also executing the work of the Imphal - Jiribam Highway has been already impleaded as respondent No. 13, in PIL No. 13 of 2010, M/S Bhartia Infra Projects Ltd. will be impleaded as respondent No. 13 in PIL No. 46 of 2015.
Normally, though notices are to be served to the newly impleaded respondents as per the relevant rules of the High Court or the CPC, considering the nature case at this stage, we feel that it will serve the purpose if copies of the petition be handed over to the learned counsel for the official respondents so that the copies in turn can be handed to the aforesaid contractors who have been impleaded as respondent Nos. 12 & 13 in PIL No. 13 of 2010. In this connection, Mr. M. Hemchandra, learned senior counsel for the petitioner submits that he will furnish adequate number of the petitions to] Mr. S. Suresh, learned CGC within two days. Similarly, in respect of the newly impleaded respondent No. 13 in PIL No. 46 of 2015, let the State Government counsel be furnished with a copy of the petition so that it may be handed over to the authorised person of the respondent No. 13.
[10] Copy of the report submitted by the learned Advocate members of the inspection team of the Imphal - Jiribam Highway is placed on record.
Copies of this order may be furnished to all the learned counsel for the parties along with the copies of the Inspection report, so that necessary actions can be taken.
Copies of this order may also be sent by fax and e-mail to the Deputy Commissioner, Jiribam, Additional Deputy Commissioner, Jiribam and the Learned Judicial Magistrate, 1st Class, Jiribam.
List the matters again on 4th September, 2017.
JUDGE ACTING CHIEF JUSTICE
Kim"
[24] On 4.9.2017, the Court passed the following order as under:-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
4-9-2017
Heard Mr.I. Lalitkumar, learned senior counsel as well as Mr. Hemchandra, learned senior counsel for the petitioner and Mr. A. Romenkumar, learned Amicus Curiae. Heard also Mr. R.S Reisang, learned senior GA for the State as well as Mr. S. Rupchandra, learned ASG for the Union of India and Mr. S. Suresh, learned CGC and Ms. Ayangleima, learned counsel for the respondents.
Today when these matters are taken up, it has been noted that though the other official respondents have made regular appearances and filed necessary affidavits and documents, it is found that the role of the National Highway Authority of India, the respondent No. 2 herein, apart from the affidavit filed on 23rd September, 2010, is not prominently visible as otherwise supposed to be, in view of the important role it plays under the National Highway Authority of India Act. We have gone through the affidavit filed by the respondent No. 2 on 23rd September, 2010 and we are also of the view that information required of the respondent No. 2 requires to be updated in the light of the subsequent developments in these PILs as indicated in the various reports submitted by various authorities and orders passed by this Court.
We are accordingly of the view that the respondent No. 2 has to play a much more pro-active role to ensure proper maintenance of the two National Highways.
Mr. A. Rommel, learned counsel for the respondent No. 2 submits that he may be granted sometime to take necessary instructions in this regard. He may do so.
Mr. S. Suresh, leaned CGC for the respondent No. 10 submits that the BRO authorities may be directed to furnish the drawings and designs of the Makru and Barak suspension bridges which they have not yet given to the respondent No. 10 which will be necessary for proper maintenance as these bridges are suffering from repeated break down.
We are of the view that making available the drawings and designs of these two bridges which is presently with the BRO authority will be absolutely necessary for proper maintenance of these two bridges by the authority of the NHIDCL without which, the respondent No. 10 cannot properly carry out the repairing and maintenance of these two bridges. We fail to understand why the BRO authority is not handing over the drawings and designs of these two bridges.
Accordingly, the BRO authority is directed to hand over the drawings and designs of the said two bridges within a period of two weeks from today to the respondent No. 10, NHIDCL.
List the matter again on 18th September, 2017.
A copy of this order may be furnished to all the counsel for the parties.
JUDGE ACTING CHIEF JUSTICE
Kim"
[25] On 18.9.2017, the Court again passed the following order as extracted below:-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2016 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
18-9-2017
Heard Mr. M. Hemchandra, learned senior counsel assisted by Mr. Roson, learned counsel for the petitioner as well as Mr. A. Romenkumar, learned Amicus Curiae, Mr. R.S Reisang, learned senior GA for the State, Mr. S. Rupachandra, learned ASG for the Union of India and Mr. S. Suresh, learned CGC for the respondent No. 10.
It has been submitted by Mr. S. Suresh, learned CGC for the respondent No. 10 that as directed by this Court on 4 -9-2017, the BRO authority has handed over the drawings and designs of the Makru and Barak suspension bridges to the respondent No. 10. As regards the National Highway Authority of India (the respondent No. 2) Mr. S. Rupachandra, learned ASG submits that he may be granted some more time to file necessary affidavit as directed by this Court on 4-9-2017.
It has been submitted at the Bar that the copy of the enquiry report submitted by the Judicial Magistrate, 1st Class, Jiribam has not been made available to the parties.
In view of the above, let copies of this enquiry report be furnished to all the learned counsel for the parties, including the learned Amicus Curiae.
List this matter again on 9th November, 2017 for further consideration.
The NHIDCL by that time may furnish the updated position of the improvement/maintenance of the National Highway No. 37. The State Government which is also looking after the maintenance of the National Highway No. 2 will also give updated report on the condition of the said National Highway No. 2.
JUDGE ACTING CHIEF JUSTICE
Kim"
[26] On 9.11.2017, the Full Court passed the following order as under:-
" Items No. 2-8
PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017
with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE MR. N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
09.11.2017
(Acting CJ)
Heard Mr. M. Hemchandra, learned senior counsel assisted by Mr. Roson, learned counsel for the petitioner as well as Mr. A. Romenkumar, learned Amicus Curiae, Mr. RS Reisang, learned GA for the State, Mr. S. Samarjeet, learned CGC for the Union of India and Mr. S. Suresh, learned CGC for the respondent no. 10.
It has been submitted by Mr. RS Reisang, learned Sr. GA that the works of repairing in the National Highway No. 2 from Makru Bridge-Jiribam are under progress by assigning the tasks to 6 (six) local contractors involving an amount of Rs. 29.3 lakhs. Only after the repairing works are completed that the Respondent no. 23 i.e. M/s Bhartia Infra Projects Ltd. can start executing the work for maintenance of the National Highway. In view of above position, the repairing works ought to be completed at the earliest as otherwise the Respondent no. 23 cannot start executing the work and since execution of work in this part of the country is limited only to the dry season before the onset of the monsoon in April/May as such, if this is maintenance works cannot be completed by the Respondent no. 23 during the said dry season, the condition of the road is unlikely to improve in near future. In view of above, in order to apprise this Court as to the actual progress of the work of repairing undertaken by the aforesaid 6 (six) local contractors, this Court has felt it appropriate that they be also impleaded as Respondents in this particular PIL so that they can directly report this Court about the progress of the repairing work they are supposed to execute. Accordingly, the local contractors, namely, (1) Shri M. Ashiho Pfuze who is executing the work from Mao-Maram (212.25 Km-237.000 Km); (2) Shri W. Sonajit Singh who is executing the work from Maram Senapati (237.00 Km-260.00 Km);
(3) Shri Kh. Khelendro Singh who is executing the work from Senapati-Taphou (260.00 Km-266.00 Km); (4) Shri S.N. Pavei who is executing the work from Taphou-Changoubung (266.00 Km-270.00 Km); (5) Shri Haokhotinlien Vaiphei who is executing the work from Changoubung-Kangpokpi (270.00 Km-274.300 Km) and Kangpokpi Kanglatongbi (274.300 Km-297.71 Km) be impleaded as Respondents so as to apprise this Court of the progress of the work. A copy of this order may be furnished to Mr. RS Reisang, learned Sr. GA so that he may intimate the aforesaid persons of their impleadment as Respondents of this case so that they may file the status of the work progress executed by them by the next date i.e. 20.11.2017.
At this stage, it has been submitted by Mr. A. Romenkumar, learned Amicus Curiae that the presence of an expert in the proceedings may facilitate passing of appropriate orders as it involves technical issues and has suggested that the name of Shri Joykumar Singh, Retired Chief Engineer, PWD who may be requested to assist this Court in the proceedings of this PIL provided he is agreeable to do so. Learned Amicus Curiae Mr. A. Romenkumar is requested to inform Shri Joykumar Singh, Retired Chief Engineer, PWD.
As regards the National Highway No. 37, Mr. Henba, learned counsel appearing for the NHIDCL has submitted that he has received a copy of the affidavit and prays that he may be granted some time to file the same.
Prayer is allowed.
Let him do so on or before 20.11.2017.
This case has been listed today after the matter was considered on 18.09.2017 and on that day this Court had expressed the desire that the NHIDCL as well as the State Government may submit the latest report as regards the conditions in the National Highway No. 37 as well as the National Highway No. 2. Since the same has not been done, we reiterate our orders that the same be done by the next date i.e. 20.11.2017. We also have felt it necessary that this is a matter which requires closure scrutiny by this Court for which presence of the responsible officials of the NHIDCL and also the responsible agencies/contractors who are executing the work also to be present in the Court on the next date. Accordingly, all the 3 (three) contractors involved in the execution of works in the National Highway No. 37, namely, HVS Material Private Ltd., M/s Bhartia Infra Projects Ltd. and M/s Nidhi Creative Infrastructure Pvt., Pangram Part-I, Udharban, Silchar-788030, Assam be also informed to be present before this Court on 20.11.2017 through their respective authorised and responsible persons. Of the aforesaid contractors, M/s Bhartia Infra Projects Ltd. has already been impleaded as respondent No.23. We feel that the other two contractors, namely, HVS Material Private Ltd. and M/s Nidhi Creative Infrastructure Pvt., Ltd. be also impleaded as Respondents No.24 and 25 respectively.
The five contractors referred to above, executing the work on National Highway No.2 are also impleaded as respondents NO. 26, 27, 28, 29 and 30 respectively who are to be present on 20.11.2017 as well as the Respondent No.23, M/s M/s Bhartia Infra Projects Ltd. executing the working on National Highway No.2.
Since the two National Highways are the lifelines for the State of Manipur , whose conditions have remained deplorable for decades which has compelled this Court to take up this matter in the PIL to monitor the progress of the improvement and maintenance works being presently undertaken, we have felt that impleading these contractors will help this Court in examining the matter more closely and conveniently.
The matters stand adjourned to 20.11.2017.
Copies of this proceeding of the Court may be furnished to all the learned counsel appearing for the parties.
JUDGE ACTING CHIEF JUSTICE
Sushil"
[27] On 20.11.2017, the Court observed as under:-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
20-11-2017
In terms of the earlier order dated 09-11-2017, Mr. S. N. Pavei who was assigned to execute the work from Taphou-Changoubung (266.00 Km - 270.00 Km) is present in person today and he submits that the work assigned to him for filling up pot holes has been completed last month. Similarly, Mr. Paokhotinlien Vaiphei who was assigned to execute the work from Changoubung-Kangpokpi ( 270.00 Km - 274.300 Km) and Kangpokpi - Kanglatongbi ( 274.300 Km - 297.71 Km) for filling up the pot holes submits that he has also duly executed the work and completed the work in the month of August, 2017. Both of them submit that subsequent works have been now been taken over by M/S Bharatia Infra Projects Ltd.
Mr. Arun Singh, Assistant Engineer, PWD, Government of Manipur who is present in person today submits that he has verified the execution of the work executed by the aforesaid two contractors. However, Shri M. Ashiho Pfuze who is executing the work from Mao-Maram (212.25 Km -237.000Km), Shri W. Sonajit Singh who is executing the work from Maram-Senapati (237.00 Km - 260.00 Km) and Shri Khelendro Singh who is executing the work from Senapati-Taphou (260.00 Km - 266.00 Km) are absent today. Accordingly, they are directed to be present in person day after tomorrow i.e., 22nd November, 2017. Mr. Arun Singh, Assistant Engineer, PWD also will inform the concerned contractors to be present before this Court on the said day.
The issue relating to Imphal - Mao sector may be taken up on 22nd November, 2017.
Mr. Sunil Kumar, General Manager of NHIDCL is present in person. So also are present Mr. Ajit Kumar of NHIDCL, Mr. Ibouchouba Singh of M/S Bharatia Infra Projects Ltd. and Mr. Viddyapati, Project Manager of NIDHI Creative Infrastructure Pvt. Pangram Part-1 Udharban, Silchar, all in person. However, nobody is present on behalf of M/S HVS Material Private Ltd before this Court.
Mr. Sunil Kumar, General Manager, NIDHI has given an overall picture of the progress of the work going on, on the basis of which we also feel that there is satisfactory progress of the work as far as Imphal- Jiribam sector is concerned though there are certain areas which requires attention of the higher authority for which NHIDCL has already apprised the Government of India for necessary funding, more particularly relating to drainage system which is almost non-existent, without which the works so far executed may be rendered otiose very soon. He may file an affidavit by the 29th of November, 2017 for further consideration by this Court.
Mr. Joykumar, retired Chief Engineer, PWD, Government of Manipur is also present in person today in terms of the request made by this Court. He is again requested to be present in person on the 22nd November, 2017.
The personal appearances of those persons who are present today are dispensed with until further order.
Mr. Vikramjit of M/S HVS Material Private Ltd. however, is directed to appear in person before this Court on 29th November, 2017.
Copies of this order may be furnished to all the learned counsel appearing in these cases.
JUDGE ACTING CHIEF JUSTICE
Kim"
[28] On 22.11.2017, the Court passed the following orders:-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
22-11-2017
Today, Shri M. Ashiho Pfuze who was executing the work from Mao - Maram (212.25 Km - 237.00 Km), Shri W. Sonajit Singh who was executing the work from Maram - Senapati (237.00 Km - 260.00 Km) and Shri Khelendro Singh who was executing the work from Senapati - Taphou ( 260.00 Km - 266.00 Km) are present in person in terms of the order passed by this Court on 20-11-2017. All the three contractors have stated before this Court that they have completed the works assigned to them for filling up the potholes in the month of August - September, 2017 and now the works have been taken over by M/S Bharatia Infra Projects Ltd.
In view of the above submission made by the three contractors, their presence will not be necessary at this stage and accordingly, their presence is dispensed with until further order.
As regards the work for filling up potholes from Imphal - Kanglatongbi, it has been submitted by the Chief Engineer, PWD, Government of Manipur that tender has been already floated and it may take about two months to finalise the same after which, the work can be executed by the concerned selected contractor.
As regards the portion where the aforesaid works have been executed by the five contractors as mentioned earlier, it has been stated that M/S Bharatia Infra Ltd. is going to submit the work programme for the work which they are going to execute. It has been submitted that the work programme can be submitted before this Court within a week. Accordingly, let four copies of the work programme be submitted on the 29th November, 2017.
Mr. Joykumar, retired Chief Engineer, PWD, Government of Manipur is present today on our request to assist the Court.
List these matters again on 29th November, 2017.
Copies of this order may be furnished to all the learned counsel appearing in these cases as well as to Mr. Joykumar, retired Chief Engineer, PWD, Government of Manipur.
JUDGE ACTING CHIEF JUSTICE
Kim"
[29] On 01.12.2017, the Court passed the following order:-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with MC(PIL) No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
1-12-2017
Today, officials of the PWD, Government of Manipur and Mr. Ravi Prakash, Senior Engineer of M/S Bhartia Infra Projects Limited are present in person and have explained that the work is going on in the National Highway No. 2 as per the schedule specifically w.e.f., 1st November, 2017 beginning the stretch from Koubru Leikha onwards till Mao. In this regard, the Public Works Department has also filed the work programme for the aforesaid stretch along with the chainage.
Since work is in full swing as stated by the respondents and time is the essence of the work in issue, this Court would like to have a report from a Commission which will consist of Mr. Th. Joykumar, retired Chief Engineer, PWD, Government of Manipur who will visit the aforesaid site along with Mr. Kh. Tarunkumar, learned counsel, Mr. Kh. Samarjit, learned counsel and Mr. P. Jacob, learned counsel who may submit the report of the visit on 18th December, 2017.
For the aforesaid visit of the Court appointed Commission, the PWD and M/S Bhartia Infra Projects Limited have agreed to provide all the necessary conveyances and facilities.
In course of the hearing, Mr. A. Romenkumar, learned Amicus Curiae has suggested that perhaps impleadment of the Transport Department, Government of Manipur, which issues the road permits to various transporters including goods carriages may be necessary considering the fact that the road condition may not be appropriate for use by heavy tonnage vehicles.
It has been also stated that there is an apex body of trucks owners and drivers called the Transporters and Drivers Council, M.G Avenue (Y|TDC) whose members are also operating on the National Highways. Therefore, it would be appropriate to implead them also as respondent in this PIL.
Accordingly, the Transport Department, Government of Manipur as well as the Transporters and Drivers Council, M.G Avenue, through their President/ Secretary be impleaded as respondent Nos. 32 and 33 respectively.
Mr. Shyam Sharma, learned GA assisting Mr. R.S Reisang, learned senior GA accepts notice on behalf of the newly impleaded respondent No. 32 (Transport Department) and notice be issued to the respondent No. 33 (Transporters and Drivers Council, M.G Avenue) by a special messenger.
List the matter again on 18th December, 2017.
The personal appearance of all the officials of PWD and M/S Bhartia Infra Projects Limited are dispensed with until further order.
Copies of this order may be furnished to all the learned counsel for the parties.
JUDGE ACTING CHIEF JUSTICE
Kim"
[30] On 18.12.2017, the following order was directed by the Court and it reads as under:-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
18-12-2017
Today, the status report of the National Highway No. 2 has been submitted by the Commission appointed by this Court consisting of Mr. Th. Joykumar Singh, retired Chief Engineer, PWD, Government of Manipur, Mr. Kh. Samarjit, learned counsel and Mr. P. Jacob, learned counsel.
PIL NO.36 of 2018 Page 38
The report mentions that certain progress has been made in the road condition but there are certain issues which requires consideration. It has been also submitted by Mr. Th. Joykumar, retired Chief Engineer, PWD, Government of Manipur that certain sectors where the work is going on would require dressing of bitumen to avoid inconvenience to the people who are staying nearby the National Highway No. 2 as well as to those who are using the Highway. It has been also orally submitted by Mr. Th. Joykumar that the portion between the Mao - Maram is a matter of concern as this stretch lies within the sinking zone and therefore, appropriate remedial measures may be taken by the authorities concerned. It has been also stated that the sinking may also be prevented to a large extent if heavy vehicles are prevented from plying.
Accordingly, it is necessary to ascertain from the Transport Department as to the maximum tonnage of vehicle allowed to ply on this National Highway and what measures the Transport Department are taking to ensure that vehicles with excess tonnage are not allowed to ply on this portion of the Highway.
These aspects will be considered again on 21st December, 2017, on which date, the learned members of the Court appointed Commission, the respondent No. 13, officials concerned of the PWD and the Director, Transport Department are requested to be present before this Court for further consideration.
As the members of the Commission are helping the proceedings of this Court, we deem it appropriate to appoint all the members of the Commission as Amicus Curiae so that necessary fees entitled to Amicus Curiae can be paid to them by the High Court Legal Service Committee. Mr. A. Romenkumar, learned counsel has been assisting this Court as Amicus Curiae, therefore, he also may be paid the necessary honorarium by the High Court Legal Service Committee.
Copies of this order may be furnished to all the learned counsel for the parties and the learned Amicus Curiae.
JUDGE ACTING CHIEF JUSTICE
Kim"
[31] On 21.12.2017, the Court further passed the following order:-
"PIL No. 46 of 2015 with M(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE MR. N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
21.12.2017
(N. Kotiswar Acting Singh, CJ)
[1] Heard Mr. A. Romenkumar, , learned Amicus Curiae, Mr. Th. Roson as well as Mr. Th. Joykumar appearing for the petitioner. Heard also Mr. N. Kumarjit, learned AG assisted by Mr. P. Tamphamani for the State. Heard also Mr. N. Jotendro, learned Sr. Counsel, Mr. S. Suresh, learned CGC, Mr. Lenin Hijam and Mr. Boboy Potsangbam, learned counsel for the Respondents.
[2] Today, as directed by this Court, the official of the Transport Department, namely, Mr. BK Sharma, Joint Director (Transport) for Director Transport, Government of Manipur is present before this Court and also has submitted certain documents about the maximum tonnage permissible on the National Highways. He has submitted that the maximum tonnage permissible is 25 tons inclusive of the weight of the vehicle and having 10 wheels 2 in the front axle, 4 in the middle and another 4 in the rear axle of the vehicle in respect of Imphal-Dimapur Sector.
[3] It has been stated that in respect of other Highway i.e. ImphalJiribam, the maximum tonnage limit is 24 metric tonnes and necessary Notification has been issued in this regard. We would direct the Transport Department to issue a fresh Notification to the general public, specifically to the truck owners/transporters of the need to maintain the permissible limit while plying on the National Highways by referring to the order of this Court in this PIL so that all those involved in the transportation are fully made aware of the limitations on tonnage.
[4] While hearing the matter, it has been also submitted that there are many sinking zones in the Mao-Imphal Sector and Mr. N. Jotendro, learned Sr. Counsel for the Respondent no. 13, Bhartia Infra Projects Ltd. has stated that at the time of assignment of maintenance work to them, there were only 8 sinking zones, but now it has increased to 21 sinking zones because of various factors, including the nature of soil and use of heavy tonnage vehicles. Accordingly, it has been felt necessary that appropriate direction be issued to the concerned authorities to take necessary measures to prevent passage of vehicle beyond the permissible tonnage. In this regard, the Joint Director of Transport Department, Government of Manipur who is present here has submitted that the Transport Department will take necessary steps for posting of adequate number of officials of the Transport Department at the Mao Gate for monitoring the entry of vehicles to prevent plying of vehicles beyond the permissible limit of 25 tones. In this regard, he has also expressed hope that the Police Department will extend help and assistance that will facilitate effective functioning of the transport officials. In this regard, the learned Advocate General has assured this Court that all necessary steps as suitable will be taken by the State by issuing appropriate directions to the concerned police officials. We appreciate the stand taken by the learned AG. It is of paramount and public importance that the problems should be dealt with from entry point of the State and such heavy vehicles beyond the permissible limit should not be allowed to enter the State. Otherwise, it will cause enormous damage to the National Highway as referred to above.
[5] Mr. Lenin Hijam, learned counsel appearing for the Respondent no. 33, the Transporters and Drivers Council who are operating on the National Highways has submitted that the members are plying with in the requirement of law. Accordingly, the Council may inform all the members of the requirement to scrupulously follow the law regarding maintaining maximum tonnage while plying transportation vehicles and accordingly, Mr. Lenin may submit the necessary steps taken in this regard by filing necessary affidavit by the next date. It has been also submitted by Mr. Lenin that there are many transporters/agencies other than the members of the Respondent no. 33 who are operating on the National Highways. He may also furnish the details of this transporters/association so that they can be impleaded in this PIL.
[6] It has been submitted by Mr. A. Romenkumar, learned Amicus Curiae and others that the construction of Weight Bridge will help regulating the transport vehicles to operate within the permissible tonnage capacity of the vehicles. It has been submitted that there is no Weight Bridge available in the State of Manipur. At this stage, it has been submitted by the Joint Director (Transport), Government of Manipur that there is a proposal for construction of Jatri Niwas and Bus Terminus in the land allotted to the Manipur Transport Department by the State of Nagaland in Dimapur and proposal had been already submitted to the North Eastern Council (NEC) for necessary funding and the State authorities are waiting approval of the NEC for construction. In this connection, it may be advisable to include the construction of Weight Bridge in the Bus Terminus located in Dimapur so that this problem of carrying excess tonnage by the vehicles can be taken care of to a great extent. The Transport Department may accordingly submit fresh proposal to the concerned State authority for construction of Weight Bridge in Dimapur in the land allotted to the Manipur Transport Department in this regard.
In view of above, the NEC be made as party in this PIL so as to make them apprise this Court as to the stage of the proposal submitted by the Transport Department through the concerned State authority, accordingly, we implead NEC, represented by its Secretary, under the Ministry of DONER, Government of India, Shillong, as Respondent no. 34. Notice may be sent to the newly impleaded NEC. Registry to take steps for the same.
[7] It has been also stated by Mr. N. Jotendro, learned Sr. Counsel for the Respondent no. 13 that while executing the work for maintenance of the National Highway, it has been found that there are many telecom service providers viz., BSNL, BBNL, Railtel, L&T etc. who are laying cables on the National Highway which also creates problems in the proper maintenance of the National Highway. Accordingly, we also feel that it would be appropriate to impleaded these telecom service providers as without their cooperation, the maintenance of the National Highway on this Sector will not be effective.
PWD authorities will provide the detail particulars of these of this service providers by tomorrow so that they can be impleaded as Respondents in this PIL.
Registry is to take steps for service of notice upon these newly impleaded telecom service providers.
As regards the issue of re-tender of the maintenance work from Tendongyang to Koubru-Leikha on the National Highway, we post the matter tomorrow i.e. 22.12.2017.
List the matters accordingly again on 22.12.2017.
JUDGE ACTING CHIEF JUSTICE
Sushil"
[32] On 12.01.2018, the Court passed the following order and it is extracted as under:-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE MR. N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
12.1.2018
Heard Mr. A. Romenkumar as well as Mr. Th. Joykumar, learned Amicus Curiae, Mr. N. Jotendro, learned senior counsel, Mr. S. Suresh, learned CGC, Mr. S. Samarjeet, learned CGC, Mr. R.S Reisang, learned senior GA for the State and Mr. Lenin Hijam, learned counsel for the respondents. Heard also Mr. Y. Joykumar Singh, SE, PWD, Mr. Kh. Ibohal Singh, EE, PWD, Mr. A. Arun, AE, PWD and Mr. H. Bhogindro Singh, AE, PWD.
It has been submitted at the Bar on behalf of the PWD that while laying down cable along the National Highway No. 37 the concerned executing agencies are not properly finishing their work by restoring to the original condition of the road, thus damaging the road. Accordingly, it has been suggested that if the agencies who are laying the cable on the National Highway No. 37 co-ordinate with the PWD for repairing of the damage caused due to lying of cable, the attending problem can be sorted out or otherwise these agencies can reimburse the PWD for repairing the damages.
In this regard, we feel that this would require the presence of all the agencies who are lying the cable/maintaining the cable on the National Highway. In this regard, Mr. S. Samarjeet, learned CGC has submitted that he has informed M/S A2Z Infra Engineering Limited who are also laying the cable. However, none appears on their behalf.
It is accordingly directed that responsible officials of M/S A2Z Infra Engineering Limited be present on the next date so that appropriate order can be passed. As regards Railtel, it has been submitted that this is an agency under the Indian Railways and Mr. S. Samarjeet, learned CGC submits that he could not furnish notice to them as observed in the Court's order dated 22-12-2017. It has been informed before this Court that the office of the Railtel is located in the same building where MM Gas Agency is located at RIMS Road, Lalambung, Imphal.
Accordingly, let the Railtel which has been impleaded as respondent No. 36 be informed of the proceedings of this Court by a special messenger of this Registry along with the copy of the order passed by this Court on 22-12-2017 and today to enable them to be present before this Court on the next date.
As regards BSNL, Mr. W. Dinesh Singh, Division Engineer, NETF is present in person today. He submits that the overall in-charge (Deputy General Manager, NETF) relating to the work being executed in the National Highway is located at Jorhat. Accordingly, it is directed that the Deputy Manager, NEFT himself be present before this Court or may authorized any responsible person to appear before this Court on the next date.
There is another issue relating to the issue of maintenance work of the segment of the National Highway from Tendongyang - Koubru Leikha. This Court had indicated all the authorities concerned for expediting the work. Mr. Y. Joykumar, S.E, PWD who is present has submitted certain difficulties in expediting the execution of the work. However, we feel that this a matter which does not brook any delay as the working season in this part of the country is normally up to the month of March as after the onset of the monsoon, it would not be feasible to do any maintenance work on the National Highway.
Considering the urgency of the matter, we deem it appropriate that the matter be taken up on the 17th January, 2018 for passing appropriate order in this regard.
This Court would request all the officials who have been assisting this Court and the Amicus Curiae to be present on the 17th January, 2018.
A copy of this order may be furnished to all the counsel for the parties and the Amicus Curiae.
JUDGE ACTING CHIEF JUSTICE
Kim"
[33] On 17.01.2018, the Court passed the following order as follows:-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
HON'BLE THE ACTING CHIEF JUSTICE MR. N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
17-1-2018
Heard Mr. A. Romenkumar, learned Amicus Curiae.
Mr. Th. Joykumar, retired Chief Engineer, PWD, Government of Manipur is also present before this Court at the request of this Court for assisting this Court regarding the issues relating to road condition of National Highway No. 2 from Tendonyang to Koubru Leikha who had inspected the condition of the National Highway No. 2 which is to be stated in the bad shape. It has been stated that it could require immediate repairing or maintenance so that there may be smooth transportation on this sector. As regards this issue, Mr. Th. Joykumar, Superintendence Engineer, PWD has stated that because of certain Issues relating to termination of contract with the earlier contractor, M/S Raghava Construction which was executing the work, no further work is going on in this sector.
It has been submitted that there is no direction from the higher authorities either to proceed the work with M/S Raghava Construction or for appointment of a new contractor for executing the work. He has also stated that if the work with M/S Raghava Construction is not continued, and if a new contractor is to be appointed for executing the work, it may take another 4 to 5 months for floating tender and completion of the tender process. The only option in that event would be to invoke the emergency provisions which is also suggested by the retired Chief Engineer as well as learned Amicus Curiae in this regard. However, invoking the emergency clause would require certification by the Chief Engineer as mentioned under section 2.2 of XVIII CPWD which is also followed in the State.
In that view of matter, we deem it appropriate that the Chief Engineer, PWD, Government or Manipur, may examine the matter to issue such a certification by the Chief Engineer by the next date so that this Court can pass appropriate order in this regard.
As regards the issue of damage caused due to laying of Cable/maintenance of Cable by various agencies including M/S A2Z Infra Engg. Ltd, Railtel and BSLN, it will be desirable that all these agencies have a combine meeting so that any issue arising can be shorted out. The agencies are expected to co-ordinate with one another at the earliest to sort out and resolve any issue that may arise for proper laying cable as well as proper maintenance of the road for which, the PWD may convene the meeting. Accordingly, let a report be submitted by the PWD after a combined meeting of the stakeholders within a period of 2 (two) weeks.
Let the matter be listed again on 19.01.2018 for consideration of the issues relating to invoking of emergency clause.
Copies of the order be given to all the counsel for the parties.
As regards, the repairing/maintenance work going on in National Highway No.37, M/S Bhartia Infra Project may submit the latest position as on today within a period of 2 (two) weeks."
[34] On 19.01.2018, the Court passed following order as under:-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE MR. N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
(ORAL)
19.1.2018
(N. Kotiswar Acting Singh, CJ)
Heard Mr. Th. Joykumar, retired Chief Engineer, PWD, Government of Manipur, Mr. A. Romenkumar, Mr. Kh. Samarjit, Mr. Roson, learned Amicus Curiae as well as Mr. R. S Reisang, learned senior GA assisted by Mr. Shyam Sharma, learned GA, Mr. Shashibhushan, learned counsel for the Indian Oil Corporation, Mr. Lenin, learned counsel for the respondent No. 33, Mr. S. Samarjeet, learned CGC for the respondent Nos. 34,35&37, Mr. S. Suresh, learned CGC for the Union of India, Mr. N. Jotendro, learned senior counsel for the respondent No. 13 assisted by Ms. Sumila, learned counsel and Mr. Henba, learned counsel for the NHIDCL. Heard also Mr. Y. Joykumar, SE, PWD, Government of Manipur and Mr. L. Sanjoy Singh, Manager Project, NHIDCL.
This PIL was filed in connection with the blockade imposed by the Respondent No. 9 on the two National Highways No. 2 and 37 in the month of November, 2015, which are the lifelines of this landlocked State.
In due course, the scope of this PIL has been expanded to consider the deplorable conditions of these two national highways.
The National Highway No. 2 connects Manipur with the rest of the country through Kohima and Dimapur, Nagaland. Dimapur in Nagaland is also the nearest railhead on this route.
The other National Highway No. 37 runs from Imphal to Silchar in Assam through Jiribam, Manipur. The nearest railhead earlier was Silchar. Now, the rail connection has been extended upto Jiribam. The proposed rail network connecting Imphal is under construction and it will take a few years before Imphal can be connected with the rail network. This National Highway was in a pathetic and deplorable condition and this Court has been monitoring the repairing and maintenance work being undertaken on this National Highway. The concerned contractors executing the repairing and maintenance work have been submitting periodically, the progress report of the works being executed.
These two National Highways are vital to the economy and life of the people of the State by providing the essential physical connection with the rest of the country.
It is to be also noted that the National Highway No.2 connects the neighbouring country of Myanmar, through Moreh township and it is a part of the Asian Highway No.1 linking Myanmar, Thailand, etc. with India and will act as India's Gateway to Asia. Recently, the Government of India has approved the proposal for upgradation and broadening of this sector of the National Highway from Imphal to Moreh at a cost of Rs. 1630.29 crores.
The decision taken by the Cabinet Committee on Economic Affairs (CCEA) on 12.07.2017 itself is indicative of the importance and the significance of this National Highway, and challenges. Hence, the same is reproduced herein below:
" The Cabinet Committee on Economic Affairs chaired by the Prime Minister Shri Narendra Modi has given its approval for upgradation and widening of 65 kms of Imphal-Moreh Section of NH-39 in Manipur at a cost of Rs. 1630.29 crores.
Manipur is a landlocked state with almost 90% of the area under difficult terrain presently has only road transport as a means of mass transport system within the state. Hence development of the road infrastructure is of paramount importance to improve connectivity and progress of the State and to ensure that the administrative set up reaches the isolated and remote habitats. The project will improve connectivity between Imphal with the eastern part of the state. Based on the existing and projected traffic requirements the NH-39 will be widened to 4 lane between Lilong village and Wanging village, while the stretch between Wangingvillage to Khongkhang will be upgraded to 2 lane with paved shoulder.
The project is being developed with ADB's loan assistance under the South Asian Sub-Regional Economic Cooperation (SASEC) Road Connectivity Investment Program which aims at upgradation of road infrastructure in Bangladesh, Bhutan, Nepal and India (BBIN) in order to improve the regional connectivity among BBIN nations. The project corridor is also a part of the Asian Highway No. 01 (AH01) and acts as India's Gateway to the East. Thus trade, commerce and tourism in the region will get a boost.
Background
For fulfilling India's "Look East" Policy and to promote and enhance trade link with South East Asia, the Government of India has notified an Integrated Custom Post (ICP) at Moreh. The development of this project is essential in order to support the increased traffic volume due to coming up of ICP. The workers of Manipur who specialize in creating bamboo and wood based handicraft items and uniquely designed hand woven textile items will get a new market among the Myanmar's customers. Small scale industries such as those making farm implements and tools, stationery, plastic extrusion items, carpentry units, could also develop markets beyond the border.
Besides socio-economic development the project will also lead to reduction in average travel time along the project road by nearly 40%. In addition, the new features of road safety namely vehicular underpasses, crash barriers, road signs & markings, service roads for segregation of slow and high moving traffic, truck lay-by, bus-bays etc. will help in greatly reducing accidents. Improved highway and lesser travel time will lead to savings in terms of fuel cost."
The aforesaid decision of the Cabinet Committee on Economic Affairs (CCEA) shows that,
(i) Manipur is a landlocked state with almost 90% of the area under difficult terrain.
(ii) Manipur presently has only road transport as a means of mass transport system within the state.
(iii) Development of the road infrastructure is of paramount importance to improve connectivity and progress of the State and to ensure that the administrative set up reaches the isolated and remote habitats.
(iv) The project will improve connectivity between Imphal with the eastern part of the state.
(v) The project corridor is also a part of the Asian Highway No. 01 (AH01) and acts as India's Gateway to the East.
(vi) This project will help fulfill India's "Look East" Policy and promote and enhance trade link with South East Asia.
(vi) Thus trade, commerce and tourism in the region will get a boost.
(vii) Besides socio-economic development the project will also lead to reduction in average travel time along the project road by nearly 40%.
(viii) In addition, the new features of road safety namely vehicular underpasses, crash barriers, road signs & markings, service roads for segregation of slow and high moving traffic, truck lay-by, bus-bays etc. will help in greatly reducing accidents.
(ix) Improved highway and lesser travel time will lead to savings in terms of fuel cost.
The purpose of upgradation and broadening of the aforesaid portion of the National Highway No.2 envisaged by the Government of India will be defeated if the remaining portion of the National Highway from Imphal to Mao, towards Kohima and Dimapur remains in the present deplorable condition.
This Court in order to assist this Court had appointed Sri Th. Joykumar Singh, retired Chief Engineer of the State PWD who along with the learned counsel of this Court, Sri Kh. Samarjit Singh and Sri P.Jacob, had inspected the condition of the National Highway on this portion. The report submitted by the Court appointed Commission mentions that while certain progress had been made in the road condition there are certain issues which would require attention. It was pointed out that within the stretch between Mao and Maram lies 21 sinking zones and therefore, appropriate remedial measures need to be taken and certain portions where work is going on would require dressing of bitumen to avoid dusts. There are other issues of tonnage of vehicles plying on the road. The other issue is about the deplorable condition on the Tendonyang to Koubru Leikha portion of the highway. We are immediately concerned with this portion of the National Highway sector.
It has been submitted at the Bar that work of maintenance and repairing in this portion has been stopped because of cancellation of the contract being executed by M/s Raghava Construction on the ground of submission of forged/fake bank guarantee. It has been also submitted on behalf of the PWD that though the concerned Court has declared that the said bank guarantee is not fake, till the higher authorities take a decision in this regard, there is no possibility of resuming the maintenance and repairing work in this portion of the highway. In view of the aforesaid position obtaining in the ground, this Court vide order dated 22.12.2017 indicated to the PWD, Manipur and the Ministry of road Transport & Highways, Government of India to sort out the issue so that there is no undue delay in execution of the aforesaid work in the Tendonyang to Koubru Leikha portion.
When the matter was taken up on 12.1.2017, the concerned engineers of the PWD expressed the difficulties in the execution of the work in this portion as no decision seems to have been taken by the appropriate authorities in this regard as to whether to revoke the cancellation of the contract or go for a appointment of a fresh contractor. Considering that the matter does not brook any delay as it is the accepted fact of life in this part of this country that the working season is normally up to the month of March as after the onset of monsoon thereafter, it would not be feasible to do any such maintenance work on the highways. Accordingly, all the concerned officials were requested to be present on the next day on 17.01.2018 for further consideration of the matter.
When the matter was taken up on 17.1.2018, it was pointed by Sri Th. Joykumar, retired Chief Engineer (PWD) that since this portion of road is in a bad shape, which is also admitted by the PWD, unless timely repairing and maintenance work is done, the safe and smooth transportation on this sector will become extremely difficult. On the other hand, it was submitted on behalf of the PWD that in the present situation, invoking the emergency clause under section 2.2 (xviii) under Chapter 1 of the CPWD Manual is an option. Accordingly, the following order was passed on 17.1.2018.
" Heard Mr. A. Romenkumar, learned Amicus Curiae.
Mr. Th. Joykumar, retired Chief Engineer, PWD, Government of Manipur is also present before this Court at the request of this Court for assisting this Court regarding the issues relating to road condition of National Highway No. 2 from Tendongyang to KoubruLeikha who had inspected the condition of the National Highway No. 2 which is to be stated in the bad shape. It has been stated that it could require immediate repairing or maintenance so that there may be smooth transportation on this sector. As regards this issue, Mr. Th. Joykumar, Superintendence Engineer, PWD has stated that because of certain issues relating to termination of contract with the earlier contractor, M/S Raghava Construction which was executing the work, no further work is going on in this sector.
It has been submitted that there is no direction from the higher authorities either to proceed the work with M/S Raghava Construction or for appointment of a new contractor for executing the work. He has also stated that if the work with M/S Raghava Construction is not continued, and if a new contractor is to be appointed for executing the work, it may take another 4 - 5 months for floating tender and completion of the tender process. The only option in that event would be to invoke the emergency provisions which is also suggested the by the retired Chief Engineer as well as learned Amicus Curiae in this regard. However, invoking the emergency clause would require certification by the Chief Engineer as mentioned under Section 2.2 of (xviii) under Chapter 1 of the CPWD which is also followed in the State.
In that view of matter, we deem it appropriate that the Chief Engineer, PWD, Government of Manipur, may examine the matter to issue such a certification by the Chief Engineer by the next date so that this Court can pass appropriate order in this regard.
As regards the issue of damage caused due to laying of Cable/maintenance of Cable by various agencies including M/S AZZ Infra Engg, Ltd, Railtel and BSNL, it will be desirable that all these agencies have a combine meeting so that any issue arising can be sorted out. The agencies are expected to co-ordinate with one another at the earliest to sort out and resolve any issue that may arise for proper laying cable as well as proper maintenance of the road for which, the PWD may convene the meeting. Accordingly, let a report be submitted by the PWD after a combined meeting of the stakeholders within a period of 2 (two) weeks.
Let the matter be listed again on 19.01.2018 for consideration of the issues relating to invoking of emergency issue.
Copies of the order be given to all the counsel for the parties.
As regards, the repairing/maintenance work going on in National Highway No. 37, M/S Bhartia Infra Project may submit the latest position as on today within a period of 2 (two) weeks."
Accordingly, we have taken up the matter today to specifically deal with the issue of maintenance and repairing work on this portion of Tendonyang to Koubru Leikha portion of the National Highway No.2.
We have taken up this matter by prioritising it only of the reason that once the monsoon sets in by the month of April, it would be practically not feasible to undertake any maintenance work on the national highway. Considering the importance of this National Highway as already highlighted by the Cabinet Committee quoted above, if there be any delay in the maintenance work and if the monsoon sets in, it would practically mean that the repairing and maintenance work will have to be postponed till the month of November. Thus, for this intervening period the road condition would remain to be deplorable and also cause more damage, thus adversely affecting the smooth and safe transportation and cause immense inconvenience to the public.
Thus time is the essence of the work in issue, which brooks no delay and calls for prioritised consideration of all the authorities concerned and accordingly, we deem it appropriate to pass this order with the promptitude it deserves.
The Chief Engineer, PWD has submitted before this Court the certification required for invoking the emergency clause under Section 2.2 (xviii) under Chapter 1 of the CPWD Manual, vide Office Memorandum dated 18-01-2018, which reads as:
" GOVERNMENT OF MANIPUR
PUBLIC WORKS DEPARTMENT
OFFICE MEMORANDUM
Dated, the 18th January, 2018
The existing NH road portion from Km. 304.00 to Km. 287.00 on NH-02 Mao-Imphal section was last improved in different Ministry's sanctioned Job vide No. 039/MN/2003-04/037 dt. 07/01/2004 and TA-039/MN/2004-05/390 dt. 30/03/2004. Due to further deterioration, this road portion has to be improved under Ministry's job No. 039/MN/2012-13/90 Dt. 19/06/2012 with sanctioned amount of Rs. 37.40 Cr. and awarded to M/S Raghava Constructions, Hyderabad.
During the progress of this improvement work, the work has been suddenly terminated on 24/10/2016. Henceforth, PWD has maintained this road portion from the normal OR fund. However, as a result of last heavy unseasonal and seasonal rainfall occurred during the period from March 2017 to October 2017, this road portion has been extensively deteriorated mainly in the stretch from Km. 297.00 (Kanglatongbi) to Km. 287.00 (Koubruleikha). This heavily damaged road portion, which cannot be coped up from normal OR fund, is inconvenient to the road user and thus, this road portion for a length of 10 Km need to be restored/repaired immediately before onset of next rainy season.
In view of above, the repairing/restoration work is DECLARED AS EMERGENCY in the interest of traffic users in particular and public interest in general.
Sd/-
(T. Rabindrakumar Singh)
Additional Chief Engineer-III, PWD.
Section 2.2 (xviii) of the CPWD Manual reads as follows:
"SECTION 2
STAGES FOR EXECUTION OF WORKS
2.1 Pre-requisites for execution of works
..........................................
..........................................
2.2 Emergency works : -
.....................................................
.....................................................
(xvii) An work declared emergent by Chief Engineer in case the interest of work so demands in case of emergency, the work may be executed in absence of any or all of the above mentioned pre-requisite. On such situations or on receipt of such written order of the Chief Engineer in case any work declared emergent by him, the Executive Engineer/Assistant Engineer shall proceed to carry out the necessary work, and shall immediately intimate the AO concerned that he is incurring such a liability, stating therein the approximate amount of liability that he is likely to incur. The Executive Engineer/Assistant Engineer should obtain the administrative approval and expenditure sanction and accord of technical sanction of the competent authority to regularize the liability as early as possible."
Accordingly, we direct as follows:
The authorities concerned responsible for and tasked with repairing and maintenance of National Highway No. 2, more particularly, respondent No. 2, and the PWD Department, Government of Manipur as well respondent No. 14, i.e the Secretary Ministry of Road Transport and Highways shall take up all the necessary steps and actions for executing the work of repairing and maintaining the aforesaid portion of Tendongyang to Koubru Leikha on the National Highway No. 2 on priority basis by invoking the emergency clause as provided under Section 2.2 (xviii) under Chapter 1 of the CPWD Manual.
The aforesaid work of repairing and maintenance work should be completed before the onset of the monsoon and hence as far as possible within the month of April, 2018.
We are of the view that considering the importance of the work involved, we deem it appropriate to monitor the same, for which, the matter be placed again after two weeks, so that the concerned respondent authorities No. 1, and PWD, Government of Manipur as well as respondent No. 14, shall in the meantime apprise this Court of the steps and actions being taken for compliance of the order passed by this Court today referred to above.
It has been submitted on behalf of the PWD, Government of Manipur that the aforesaid emergency work may involve about Rs. 4 crores which may be allocated for the purpose of Special Repair under Major Head 3054 (M&R) or under any other head which the authorities may deem it appropriate. This is an aspect which the concerned authorities may examine so that the authorities can make available from the aforesaid fund or any other appropriate head as the authorities may deem fit and appropriate.
At this stage, Mr. Henba, learned counsel for the NHIDCL has submitted that there are certain difficulties faced by the NHIDCL while executing the work between Imphal - Jiribam sector, there have been certain incidents of kidnapping and abduction which have occurred recently. It has been submitted that a Site Engineer of M/S BIPL, who is one of the agents appointed by the NHIDCL , namely, Sohan Lal Choudhary was kidnapped on 18-12-2017 from Makru Bridge in broad daylight, by some armed youths of unidentified group and was released on 31-12-2017. Another kidnapping incident again took place on 5-1-2018, wherein, Mr. Soumen Singh, Mechanical Engineer of M/S BIPL was abducted from Makru Bridge site by a group of 3 to 4 armed persons. It has been submitted that about four such incidents have been taken place in the said region so far which were been brought to the notice of the concerned authorities. Mr. Henba submits that in this regard necessary orders may be issued by this Court directing the State Government to provide adequate security between Imphal - Jiribam otherwise it would be very difficult for the agencies to execute the work timely. It has been also requested on behalf of the NHIDCL for providing adequate number of security on the National Highway and the NHIDCL will provide necessary accommodation for the additional security which may be provided by the authorities.
In this regard, it has been submitted by Mr. Henba, learned counsel for the NHIDCL that he is going to file an affidavit today stating the aforesaid problems. A copy of the said affidavit has been furnished to Mr. R.S Reisang, learned senior GA representing the State Government. The aforesaid submission of Mr. Henba has been reflected at Para No. 3 & 4 of the affidavit.
Considering the grievance raised by the NHIDCL and in order to ensure appropriate and timely execution of the work which is very essential at this stage, we deem it appropriate to issue the following additional directions to the State Government.
The concerned authorities will examine the affidavit and the concern of NHIDCL and take appropriate remedial measures including providing adequate number of security personnel to ensure appropriate and smooth functioning of the personnel of the M/S BIPL and the NHIDCL who are supervising the work.
(1) The State authorities may take necessary steps to apprehend such persons who are involved in the kidnapping and abduction of the aforesaid persons and if necessary invoke the provisions of National Security Act to prevent any such occurrence of such unwarranted acts.
(2) The State authorities are directed to submit before this Court the steps so taken in this regard within a period of two weeks.
There is another issue relating to the tonnage of the vehicles plying on the National Highway No. 2 i.e, Imphal - Dimapur sector. The Directorate of Transport, Government of Manipur had issued a press release on 4th January, 2018 putting the limitation to the transporters of trucks, tankers, LPG Bullets that the maximum tonnage permissible is 25 tons inclusive of the weight of the vehicle having 10 wheels, 2 in the front axle, 4 in the middle and another 4 in the rear axle of the vehicle in respect of Imphal - Dimapur Sector and whereas 24 tons in respect of Imphal - Jiribam Sector.
We are presently concerned with the Imphal -Dimapur Sector. It has been submitted by Mr. A. Romenkumar, learned Amicus Curiae stating that the aforesaid press release issued by the Directorate, Transport, Government of Manipur may not be in compliance with the existing rules inasmuch as permitting up to 31 tons on the Highways. In this connection, it has been submitted on behalf of the PWD, Government of Manipur which have been given the responsibility of maintenance of this sector of the National Highway as provided under the Control of National Highway Land of 2002 that the Regional Officer, Guwahati who is responsible including the State of Manipur and also the PWD which have been delegated the authorities under Section 20 of the Control of National Highway (Land and Traffic) Act. 2002 in respect of this portion of the National Highway would be the competent authority to examine and to pass appropriate orders regarding limitation of tonnage of this National Highway. Since the aforesaid press release issued by the Directorate of Transport is not in consonance with the notification issued by the Ministry of Road,Transport and Highway, it may not be valid.
This issue will be examined on the next date.
Accordingly, the Regional Officer, Guwahati, Ministry of Road, Transport & Highway along with the concerned authorities of the PWD may examine the issue relating to the limit of tonnage of vehicles plying on the National Highway. While doing so, the aforesaid authorities will also take into consideration the opinions of the State Transport Department as well as the retired Chief Engineer, PWD, appointed by this Court as an Amicus Curiae, Indian Oil Corporation, FCI and other such authorities or persons engaged in bulk transportation if necessary. The Regional Officer, Gauhati, Ministry of Road, Transport & Highways along with the PWD authorities will make necessary inspection of the National Highway No. 2 by taking into account the suggestions of all the stakeholders and will take appropriate decision as regards the limits to be placed on tonnage of the vehicle plying on the National Highway. This exercise is expected to be completed within two weeks so that the matter can be considered on the next date.
Till then, in the interim, we direct the limitation of tonnage imposed by the Transport Department through the press release dated 4-1-2018 will continue to be operative.
List the matter again on 7th February, 2018.
Copies of this order may be furnished to all the counsel for the parties as well to the Amicus Curiae.
JUDGE ACTING CHIEF JUSTICE
Kim"
[35] On 26.02.2018, the following order was further passed:-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE MR. N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
26.2.2018
(N. Kotiswar Acting Singh, CJ)
Today, when this matter was taken up, Mr. R.S Reisang, learned senior GA submits that improvement work of the National Highway No. 2 is going on as planned and necessary financial approval has come from the Government of India and as such, it is expected that the repairing and maintenance work will be carried on as per schedule.
Mr. S. Suresh, learned CGC for the Union respondent submits that he will also apprise this Court about the financial sanction which has been stated to be made for the improvement of the National Highway No. 2 on the next date.
It has been agreed by all the parties that since rain has started in the State of Manipur, expeditious implementation of the repairing and maintenance work undertaken in the National Highways would be highly necessary.
Considering the above, it is also expected that the Union respondent will disburse the sanctioned amount at the earliest to avoid any disruption in the work because of intervention of rain.
Mr. Henba, learned counsel for the NHIDCL has referred to the order dated 9-01-2018 passed by this Court and has submitted that the State Government has not taken any concrete steps to allay the apprehension and fear of the employees/functionaries of the NHIDCL which is engaged in the repairing and maintenance of the National Highway in the Imphal and Jiribam sector.
Considering the complaints raised by the NHIDCL that certain officials/functionaries of the NHIDCL were kidnapped by some armed persons, this Court had passed an order on 19-01-2017 directing that the State authorities may take steps to apprehend such persons who are involved in the kidnapping and abduction of the aforesaid persons and if necessary invoke the provisions of National Security Act to prevent any such occurrence of such unwarranted acts. This Court had also directed the State authorities to submit before this Court the steps so taken in this regard within a period of two weeks.
However, no such report has been submitted by the State authorities as directed by this Court on 19 -01-2018. Accordingly, the State authorities are directed to submit the report without fail by the next date of hearing of this case.
Mr. A. Romenkumar, learned Amicus Curiae also had drawn the attention of this Court to a certain order passed by the Hon'ble Supreme Court in Dr. S. Rajaseekaran (II) Vs. Union of India and others in 2017 (13) SCALE 729 in which the Hon'ble Supreme Court had issued certain directions relating to road safety issues. However, on perusal of the said judgment, it has been noted that the aforesaid case has been directed for further proceeding on 7th February, 2018.
In view of the above, as the said matter is presently under consideration of the Hon'ble Supreme Court, it may not be necessary on the part of this Court to make any observation, except to say that the State authorities will do the necessary in terms of the aforesaid direction of the Hon'ble Supreme Court.
Accordingly, list the matter again on 21st March, 2018.
Copies of this order may be furnished to all the learned counsel for all the parties and to the Amicus Curiae today itself.
JUDGE ACTING CHIEF JUSTICE
Kim
(National Highway)"
[36] On 21.3.2018, the Court passed the following order as below:-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE MR. N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
21.3.2018
(N. Kotiswar Singh Acting CJ)
Today when this matter was taken up, we heard the learned counsel for all the parties and also Mr. Y. Joykumar, SE, PWD, Government of Manipur on the matters relating to National Highway No. 2. It has been submitted by Mr. Y. Joykumar, SE, PWD, Government of Manipur that as far as the road from Mao - Koubru Leikha is concerned, the repairing work is in full swing by M/S Bharatia Infra Project Limited and in fact they have covered 18 kms by providing black topping of the road.
As regards the segment from Koubru Leikha - Tendongyang, the Ministry of Road, Transport & Highways has sanctioned a sum of Rs. 4.25 crores for Special Repair on 19-03-2018 and two contractors, namely, Md. Nashir Shah and Kh. Jiten Singh who have submitted the bids have been directed to execute the work on the condition that whosoever will be ultimately given the contract to execute the work will complete the same and the other will be reimbursed for the work executed. In other words, the work has been already executed for this segment also.
As regards Tendongyang - Imphal sector, tender has been already floated and is in the final stage and one Shivalaya Construction Co. Ltd., Haryana has been found to be the lowest bidder and necessary documentations/documents are being verified and once the verification is complete, the work order will be issued soon. In other words, as regards this sector also, work will start without much delay.
As regards the sinking zones on the National Highway No. 2 referred to in the earlier orders, the PWD has engaged the services of two consultants namely, Genstru and Concrete Canvas Kabra Company who have submitted their preliminary reports to the PWD to be examined minutely by the PWD. After proper examination, the same will be submitted to the Ministry of Road, Transport & Highways. In view of the above, the Ministry of Road, Transport & Highways is expected to deal with the matter as expeditiously as possible so that the problems created by the sinking zones can be alleviated.
Ms. G. Pushpa, learned counsel for the All Manipur Petroleum Products Transporter's Association has submitted an affidavit before this Court relating to plying of overloaded vehicles. Copy of this affidavit may be furnished to all the learned counsel for all the parties, more particularly the Transport Department, Government of Manipur as well as the PWD, Government of Manipur and also the Ministry of Road, Transport & Highways so that this issue can be dealt with on the next date.
Mr. A. Romenkumar, learned Amicus Curiae has also drawn the attention of this Court to the widely reported news item of the breaking down of the Nungdolan Bridge on 4th March, 2018 which is situated ahead of the Barak bridge and which has disrupted the normal functioning of the National Highway No. 37. It has been submitted by Mr. A. Romenkumar, learned Amicus Curiae that this sector is looked after by the NHIDCL.
In view of the above, Mr. Henba, learned counsel for the NHIDCL is directed to submit a report without fail on the next date as to the problems and issue relating to the said suspension bridge so that the same can be considered on the next date.
Mr. S. Suresh, learned CGC for the Union of India submits that he learnt from a reliable source that the breakdown of the Nungdolan suspension bridge is perhaps for the reason that some of the FCI trucks bringing in food grains are found to have concealed cement bags in the trucks. In this regard, an FIR has been lodged by the NHIDCL. Be that as it may, this Court wishes to examine this issue and since serious allegations have been made against the FCI transporters, this Court has felt it necessary to implead FCI also in this PIL as FCI is a bulk transporter using these two National Highways.
Accordingly, we implead FCI, represented by the Deputy General Manager, Manipur, Old Assembly Road as respondent No. 39. Mr. Tarunkumar, learned counsel present in the Court and the standing counsel for the FCI accepts notice on behalf of the newly impleaded respondent No. 39. FCI also may submit a detailed report by the next date on the basis of the observation made by this Court in today's order.
The association, namely, All Manipur Petroleum Products Transporter's Association which has filed an affidavit on 19-03- 2018 being an important stake holder is also impleaded as respondent No. 40. Since Ms. G. Pushpa, learned counsel has already appeared on behalf of the said association, she formally accepts notice on behalf of the newly impleaded respondent No. 40. On 19-01-2018, the counsel for the NHIDCL had expressed certain difficulties in execution of work in the Imphal - Jiribam sector in connection with which they had filed an affidavit. Considering the grievance raised by the NHIDCL and in order to ensure proper and timely execution of work which is essential at this stage, this Court felt it necessary to issue a direction to the State respondents to examine the affidavit filed by the NHIDCL and the concern expressed by the NHIDCL and take to appropriate remedial measures including providing adequate security personnel to ensure appropriate and smooth functioning of the personnel of the M/S BIPL and NHIDCL who are supervising the work on this sector and submit a report before this Court as to the steps taken without fail within two weeks.
When this matter was taken up on 26-02-2018, as no such report was submitted by the State authorities, this Court again directed the State authorities to submit before this Court the steps so taken in this regard within a period of two weeks.
Unfortunately, today also, the report has not been submitted by the State authorities. We would be happier if the State Government is more serious with the various issues afflicting these two National Highways which are the lifelines of the State and any disruption in these two National Highways would have a cascading affect not only to the economic but also the political situation in the State. Therefore, the non submission of the report as to the steps taken by the State authorities to ensure smooth functioning of the National Highways does not seem to be proper.
Therefore, we again direct the concerned State authorities to submit the report as directed on 19-01-2018 without fail within two weeks, failing which, the Chief Secretary, Government of Manipur, the Home Secretary of the State and the Director General of Police, Government of Manipur will remain in person before this Court on the next date.
List the matter again on 6th April, 2018.
Copies of this order may be furnished to all the learned counsel for all the parties and to the Amicus Curiae and the learned Advocate General.
JUDGE ACTING CHIEF JUSTICE
Kim
(Highway)"
[37] On 11.4.2018, the Court passed the following order and it reads as under :-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with MC(PIL) No. 4 of 2018 with MC(PIL) No. 5 of 2017 with MC(PIL) No. 6 of 2017 with MC(PIL) No. 6 of 2018 with MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE MR. N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
11.4.2018
(N. Kotiswar Acting Singh, CJ)
Today, it has been submitted by Mr. S. Samarjeet, learned CGC that the Ministry of Road, Transports and Highway (Zone V), Government of India has already sanctioned a sum of Rs. 4.25 Crore towards the restoration of damaged pavement at selected stretches from Km 287.00 to Km 304.00 on the National Highway No. 2 (Old NH-
39) Mao - Imphal Section during 2017-18 in the State of Manipur as intimated to the Public Works Department, Government of Manipur vide letter dated 19th March, 2018 issued by the Executive Engineer (Zone-V). A copy of this letter dated 19-3-2018 is placed on record.
In view of the above, the State Government may immediately take appropriate actions for repairing/restoration of the damaged pavement in terms of the aforesaid sanction letter and submit the report before this Court by the next date.
The concerned Engineers of the Public Works Department, Government of Manipur as well as of M/S Bharatia Infra Project Limited are present today and explained that the work is going on in full swing and about 30% of the work has been completed by the firm.
In view of the above, let it be placed on record by the firm by filing an affidavit with necessary reports and photographs etc., so that appropriate order can be passed on the next date.
Mr. Henba, learned counsel for the firm, NHIDCL submits that repairing work in respect of the Nungdolan Bridge is going on and some construction materials have been ordered from Kolkatta which are likely to arrive at the site within 2 - 3 weeks. Once these materials arrive, necessary repairing will be completed at the earliest.
Mr. A. Romenkumar, learned Amicus Curiae has submitted that he has received reliable information that FCI transporters are still engaged in carrying cement along with foodgrains. However, this Court will examine that issue after getting necessary report from the FCI authorities.
Unfortunately, no one is present for the FCI authorities nor any report has been submitted, though they have been impleaded as respondent No. 39 and in spite of the order passed by the Court on 6-4-2018.
In that view of the matter, let the FCI authorities submit a report with reference the order passed by this Court relating to the steps taken by the FCI authority relating to the FIR being registered against the erring transporters on the Nungdolan Bridge as directed on 6-4-2018 without fail.
The Deputy General Manager, FCI, Manipur is also directed to be present in person before this Court on 18th April, 2018.
Registry of this Court is to intimate the respondent No. 39 accordingly.
List the matter again on 18th April, 2018.
Copies of this order may be furnished to the learned counsel for all the parties and to the Amicus Curiae.
JUDGE ACTING CHIEF JUSTICE
Kim
(Highway)"
[38] On 18.4.2018, this Court passed the following order and it is extracted below:-
"PIL No. 46 of 2015 with
MC (P.I.L.) No. 2 of 2017 with
MC (P.I.L.) No. 4 of 2017 with
MC (P.I.L.) No. 5 of 2017 with
MC (P.I.L.) No. 6 of 2017 with
MC (P.I.L.) No. 7 of 2017 with
MC (P.I.L.) No. 9 of 2016 with
P.I.L. No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE MR.N.KOTISWAR SINGH
HON'BLE MR.JUSTICE KH.NOBIN SINGH
"18.4.2018
N. Kotiswar Acting Singh CJ
Heard Mr. A. Romenkumar, learned Amicus Curiae; Mr. Th. Roson, learned counsel and Mr. I. Lalitkumar, learned Senior Counsel for the petitioner; Mr. N. Jotendro, learned Senior Counsel; Mr. L. Anand, learned counsel; Mr. L. Shashibhushan, learned counsel; Mr. S. Suresh, learned CGC; Mr. H. Tarunkumar, learned counsel for the respondents. Mr. G. Badal Sharma, consultant Engineer of the M/S BIPL as well as Mr. G. Kamei, DGM, FCI, Regional Office, Manipur are also present.
Mr. A. Romenkumar, learned Amicus Curiae has pointed out that the order dated 11/4/2018 issued by the Director of Transport, Manipur regarding the imposition of limit of the weight of the vehicles plying on the NH-2 will require some clarifications for which he will submit the necessary proposed clarifications in writing by the next date.
As regards the condition obtaining in the NH-2 on the work site being executed by M/S Bharatia Infra Project Limited, an affidavit has been filed which has explained the progress made so far. However, it has been submitted that certain problems are still faced by the company in executing the work and requested that they may be allowed to explain to this Court the various problems faced by them in a sealed cover. Prayer is allowed.
As regards the sinking zones at NH -2, it has been submitted by Mr. A. Romenkumar, learned Amicus Curiae that this is a serious issue which would require immediate attention of the authorities concerned. It has been submitted by Mr. R. S. Reishang, learned Senior Government Advocate for the State that the realistic position in this regard can be best explained by the concerned engineer, i.e. Mr. Y. Joykumar SE, PWD, Government of Manipur. As submitted, Mr. Y. Joykumar, may explain before this Court the situation obtaining about the sinking zones in the light of the order passed by this Court in 21/3/2018 by the next date.
There is another issue relating to the damage of the bridge at Nungdolan in connection to which an affidavit has been filed by the DGM, FCI, Manipur of the steps being taken. We are of the view that the affidavit lacks particular details and accordingly, they are directed to file a fresh affidavit stating the details of the incident and steps being taken by the next date. The State Government also may apprise this Court as to the steps being taken regarding the apprehension of the driver who is stated to have been absconding at the time of filing of the relevant FIR before the Nungba Police Station.
List these matters on Friday (20/4/2018) for further consideration.
Copies of the order may be furnished to all the learned counsel for the parties."
[39] On 20.4.2018, the Court further passed the following order as under:-
"PIL No. 46 of 2015 with
MC (P.I.L.) No. 2 of 2017 with
MC (P.I.L.) No. 4 of 2017 with
MC (P.I.L.) No. 5 of 2017 with
MC (P.I.L.) No. 6 of 2017 with
MC (P.I.L.) No. 7 of 2017 with
MC (P.I.L.) No. 9 of 2016 with
P.I.L. No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE MR.N.KOTISWAR SINGH
HON'BLE MR.JUSTICE KH.NOBIN SINGH
20.4.2018
(N. Kotiswar Acting Singh, CJ)
Heard Mr. A. Romenkumar, learned Amicus Curiae as well as Mr. R.S Reisang, learned senior GA for the State, Mr. N. Jotendro, learned counsel for M/S Bharatia Infra Project Limited Mr. Shashibhushan, learned counsel for the IOC, Mr. Th. Tarunkumar, learned counsel for the FCI, Mr. S. Suresh, learned ASG for the Union of India and Mr. Henba, learned counsel for the NHIDCL. Heard also Mr. Y. Joykumar, Superintendent Engineer, PWD, Government of Manipur.
Today, several issues have cropped up which have been discussed at length, some of which are, as follows:
I) Clarification on the order issued by the Transport Department, Government of Manipur on
11-4-2018.
II) About the sinking zones and the steps being taken up by the PWD Department, Government of Manipur in this regard.
III) Regulating and controlling plying of heavy tonnage vehicles, especially on the sinking zone area for which the concerned official of the PWD has also suggested installing a movable Axle Weighing Pads.
IV) Regulating movement of traffic with reference to the specific time period as suggested by M/S Bharatia Infra Project Limited.
V) Request for enhancement of security to be provided to M/S Bharatia Infra Project Limited. VI) Activation of the State Road Safety Council in terms of the direction of the Hon'ble Supreme Court in Dr. S. Rajaseekaran (II) Vs Union of India & Ors., (2017) 13 Scale 729.
VII) Continued quarrying on certain sections of the National Highway - 37.
VIII) Regulating method of dealing with the issue of overweight vehicles plying on the NH-37 specifically with reference to FCI trucks.
IX) Restoration of the Nungdolan Bridge.
These are some of the issues regarding which this Court proposes to pass appropriate orders after hearing all the parties in this regard and accordingly, the respective parties are requested to give their valued suggestions preferably in writing for which, the matter may be fixed on 26th April, 2018.
Copies of this order may be furnished to the learned counsel for all the parties including the Amicus Curiae.
JUDGE ACTING CHIEF JUSTICE
Kim"
[40] On 26.4.2018, the Court passed the following order:-
"PIL No. 46 of 2015 with MC (P.I.L.) No. 2 of 2017
With MC (P.I.L.) No. 4 of 2017 with MC (P.I.L.) No. 5 of 2017 with MC (P.I.L.) No. 6 of 2017 with MC (P.I.L.) No. 7 of 2017 with
MC (P.I.L.) No. 9 of 2016 with P.I.L. No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE MR.N.KOTISWAR SINGH
HON'BLE MR.JUSTICE KH.NOBIN SINGH
26.04.2018 (N. Kotiswar Acting Singh, CJ)
[1] Heard Mr. A. Romenkumar, learned Amicus Curiae; Mr. Th. Roson, learned counsel for the petitioner; Mr. N. Jotendro, learned Sr. Counsel for M/s Bharatia Infra Project Limited; Mr. L. Anand, learned counsel; Mr. L. Shashibhushan, learned counsel for the IOC; Mr. S. Suresh, learned ASG for the Union of India; Mr. Samarjeet, learned CGC; Mr. H. Tarunkumar, learned counsel for the FCI; Mr. M. Gunedhor, learned counsel as well as Mr. RS Reisang, learned Sr. GA for the Respondents.
[2] As observed on 20.04.2018, there were several issues which the Court proposed to take up. Today, this Court, after hearing the parties and considering various suggestions made has decided to pass orders in the following areas of concern.
[3] There has been some confusion about the limitation on the weight of heavy vehicles plying on the National Highways both in the Imphal-Jiribam Sector and Imphal-Dimapur Sector.
This Court had already passed an order on earlier occasion on the strength of the Notification issued by the Highway Administrator, Guwahati under the Ministry of Road Transport and Highways that the maximum tonnage of the vehicles inclusive of the weight of the vehicles will be 24 MT throughout the Imphal-Jiribam Sector. A notification was 2 issued on 12th May, 2017 by the Highway Administrator, Guwahati notifying that only vehicles having weight certificate of less than 24 MT shall only be allowed to travel through this road and this restriction will remain in force until further orders in this regard. The said Notification still remains in force. On the basis of the aforesaid Notification dated 12th May, 2017, the District authorities have been issuing various orders. We, however, make it very clear that under any circumstances, vehicles having weight more than 24 MT will not be allowed to operate on the Imphal-Jiribam Sector. We also make it clear that this will not amount to dilution of the Notification No. S.O.728(E) dated 18.10.1996 issued by the Ministry of Surface Transport (Transport Wing) putting limitations on Gross Vehicles Weights vis a vis the number of axles subject to maximum load of 24 MT and the aforesaid Notification dated 18.10.1996 issued by the Ministry will continue to be operative, with the exception that until further order as far as Imphal-Jiribam Sector is concerned, the maximum gross vehicle weight tonnage permissible for 3 (three) axle or 4 (four) axle vehicles and other vehicles with more axle, will be limited to 24 MT. The limitations of GVW with regard to other 1 (one), 2 (two) axles, as stipulated in the Notification dated 18.10.1996 issued by the Ministry of Surface Transport (Transport Wing) will continue to apply. The State authorities may issue necessary orders in this regard and any order contrary to the order by this Court today will be not valid.
In respect of the Imphal-Dimapur sector of the National Highway is concerned, similar restrictions will apply except that the limit of the GVW will be 25 MT. Otherwise, the other restrictions and stipulations as mentioned in the Notification dated 18.10.1996 will continue to operate within the limit of 25 MT.
[4] It has been also submitted that there has been frequent collapse of the 4 (four) critical bridges on the Imphal-Jiribam road because of overweighed vehicles plying. These 4 (four) bridges located at the 3 Imphal-Jiribam Sector are: (i) Makru Bridge, (ii) Nungdolan Bridge, (iii) Barak Bridge and (iv) Irang Bridge. Collapse of any of these bridges leads to total disruption of the traffic on the Imphal-Jiribam National Highway. Therefore, in order to prevent collapse of any of these bridges which has been happening frequently in the past, we propose to pass the following order.
The heavy vehicles coming from Jiribam side to Imphal carrying goods irrespective of the nature of the goods being carried, have to get their vehicles weighed at the weigh bridge located at the Jiribam Babupara Railway Station which is being maintained by the FCI and those vehicles must get the computerised weight memo. Any vehicle without the computerised weight memo from the aforesaid weight bridge shall not be permitted to cross the aforesaid bridges. It will be the responsibility of the Transport Department as well as the District Administration to ensure compliance of this requirement of obtaining weight memo and placing of limitation on weight of the vehicles crossing the aforesaid bridges.
[5] There are other issues which had been reflected in our order dated 20.04.2018 which we propose to take up on the next date after getting inputs from the concerned authorities.
[6] Today, Mr. A. Romenkumar, learned Amicus Curiae has brought to the notice of the Court of a newspaper report appearing in the "Imphal Free Press," a local English newspaper in its edition dated 23.04.2018 (Monday), carrying a report that illegal taxes along national highways are being collected leading to hiking of prices in the State. Copies of the said newspaper clipping are furnished to Mr. RS Reisang, learned Senior Government Advocate as well as to Mr. S. Suresh, learned ASG. Since it is a newspaper report, we are not sure of the authenticity and how far the said newspaper report is correct. If it is correct it is the matter of serious concern which would require proper 4 consideration by the authorities concerned. Therefore, we call upon the State authorities as well as the Union Respondents to examine this newspaper report and submit before this Court whether such illegal activities are going on in the national highways and if so, what measures are being taken and/or proposed to be taken by the authorities to prevent such illegal collection of taxes for which we grant the State Respondents as well as the Union Respondents 2 (two) weeks' time to submit their response. Accordingly, as regards this issue, the State Respondents as well as the Union Respondents may file their respective affidavit on 15.05.2018 and this issue will be taken up on that day.
[7] As regards the other issues, the matter stands adjourned to 8th May, 2018.
[8] When this matter was taken up today, Mr. M. Gunedhor, learned counsel has submitted that he is representing a transportation firm, namely, M/s Zimomi Traders. He submits that this firm has been unreasonably penalised for the breakdown of the Nungdolan bridge and submits that he would like the place certain facts on records before this Court for which he would like to get himself impleaded as respondent in this PIL. He submits that in this regard, he has already filed an application for impleadment. The said application will be also considered on the next date on 08.05.2018.
[9] List the matters again on 08.05.2018.
Copies of this order may be furnished to the learned counsel for all the parties.
JUDGE ACTING CHIEF JUSTICE
Sushil (National Highway)"
[41] On 16.5.2018, the Court passed the following order:-
"PIL No. 46 of 2015 with MC(PIL) No. 2 of 2017 with
MC(PIL) No. 4 of 2018 with MC(PIL) No. 5 of 2017 with
MC(PIL) No. 6 of 2017 with MC(PIL) No. 6 of 2018 with
MC(PIL) No. 7 of 2017 with MC(PIL) No. 9 of 2016 with
MC(PIL) No. 10 of 2018 with PIL No. 13 of 2010
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE MR. N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
16.5.2018
(N. Kotiswar Acting Singh, CJ)
When this matter was taken up today, it has been pointed out by Mr. A. Romenkumar, learned Amicus Curiae that in spite of the order passed by this Court on 26-4-2018 directing the State authorities to issue necessary order relating to the limitations on the Gross Vehicle Weight (GVW) of vehicles plying on the Imphal-Jiribam sector, more particularly with reference to the three axle or four axle vehicles, and also about the limitations on one and two axles as mentioned in the order. It has been submitted that the Transport Department has not issued any order in this regard. Mr. R.S Reisang, learned senior GA submits that the authorities were under the impression that the earlier order would suffice. Be that as it may, let the Transport Department issue a fresh order clarifying about the maximum Gross Vehicle Weight as mentioned in the order dated 26-4-2018. It is also made clear that 2 the Transport Department is primarily responsible for the enforcement of the limitations on the Gross Vehicle Weight tonnage as mentioned in the said order. The District authorities will also fully co-operate with the Transport Department in implementing and enforcing the order passed by this Court on 26-4- 2018. The State respondent Nos. 3 to 5 have filed an additional affidavit referring to the news item published in the "Free Press" on 23-04-2018 for collection of illegal taxes along the National Highways. It has been stated in the said affidavit that there is no such illegal collection of taxes carried out by the District Police personnel in the National Highways. It has been further stated that there is no such complaint received by the Police till date on illegal collection of taxes by underground outfits and UG cadres. In other words, the National Highways are free from any extortion and free from collection of illegal taxes. However, the press reports indicate otherwise. Since the Transport Association, the respondent No. 33 are frequent users of the National Highways, perhaps, they may enlighten this Court about the state of affairs, more particularly with reference to the press reports about illegal taxes being imposed along the National Highways. In this connection, Mr. L. Anand, learned counsel for the respondent No. 33 prays for two weeks' time to take necessary instructions and file necessary affidavit as regards this issue. Let him do so. List the matters again on 1st June, 2018. 3 Copies of this order may be furnished to the learned counsel for all the parties including the Amicus Curiae.
JUDGE ACTING CHIEF JUSTICE
Kim"
[42] On 01.6.2018, this Court made the following observations as below:-
"P.I.L. No. 46 of 2015 with MC(PIL ) No. 4 of 2018 with MC(PIL ) No. 6 of 2017 with MC(PIL ) No. 7 of 2017 with MC(PIL ) No. 10 of 2018 with MC(PIL ) No. 2 of 2017 with MC(PIL ) No. 5 of 2017 with MC(PIL ) No. 6 of 2018 with MC(PIL ) No. 9 of 2016 with P.I.L. No. 13 of 2010
BEFORE
HON'BLE THE CHIEF JUSTICE SHRI RAMALINGAM SUDHAKAR
HON'BLE MR. JUSTICE KH. NOBIN
01.06.2018
(N. Kotiswar Acting Singh, CJ)
The PIL focuses on the very bad condition and improper executing of laying of the NH-2 and NH-37. Despite various Court's order for more than three years, not much progress has been shown in laying proper highways. We, therefore, force to call upon that the Project Manager, NHAI in charge of Manipur, PWD, Chief Engineer, M/S BIPL Director, who is executing the work at NH-37, represented by the counsel N. Jotendro, Sr. Advocate to be present in the Court.
List on 06.06.2018.
Copy of this order be issued to counsel Shri Henba, counsel Shri R.S. Resang, Sr. counsel Shri N. Jotendro, Shri A. Romenkumar, Amicus Curiae, counsel Shri Th. Roson and also the three officers who have been called upon the appear.
Registry will duly inform all these persons to be present in the Court. These persons will explain on the action steps taken in respect of these two highways.
JUDGE CHIEF JUSTICE
Devananda"
[43] This Court on 06.6.2018 passed the following orders as under:-
"PIL No.46 of 2015 with MC (PIL) No.2 of 2017 with MC (PIL) No.4 of 2018 with MC (PIL) No.5 of 2017 with MC (PIL) No.6 of 2017 with MC (PIL) No.6 of 2018 with MC (PIL) No.7 of 2017 with MC (PIL) No.9 of 2016 with MC (PIL) No.10 of 2018 with PIL No.13 of 2010
BEFORE
HON'BLE THE CHIEF JUSTICE
HON'BLE MR.JUSTICE KH.NOBIN SINGH
06.06.2018
R.S. C.J,
We have heard the Superintending Engineer, Shri Y.Joykumar, of the Public Works Department, Manipur, who states that progress in laying of NH-2 and NH-37 is concerned, is proceeding reasonably well. Further steps will be taken to speed up the project and execute the work in a time bound manner.
The Project Construction Agency, BIPL is represented by its authorised person, who undertakes to proceed with the work of laying the road without delay and increase the man-power. The said statements are recorded.
Mr.A.Romenkumar, learned Amicus Curiae states that more manpower should be provided for laying of the roads during day time so that the work can be executed on an early date.
List the matter on 19.7.2018.
JUDGE CHIEF JUSTICE
Priyojit"
[44] On 26.7.2018, this Court passed the following order in PIL No.13 of 2010 as under:-
"PIL No.13 of 2010
BEFORE
HON'BLE THE CHIEF JUSTICE
HON'BLE MR.JUSTICE KH.NOBIN SINGH
26.07.2018
Rakesh Ranjan Prasad, CJ
Mr.Hemchandra, learned senior counsel for the petitioners seeks some time to recast the prayer in the petition to include all National Highways and State Highways authorities so that the PIL can address all the issues in a comprehensive manner.
Permission sought for is granted.
In the meanwhile, the Chief Engineer, PWD (Roads) is directed to give the norms required for establishing State Highways. Similarly, NHIDCL will give the specifications for establishing National Highways and those standards will have to be followed while establishing/revamping/laying of fresh roads.
These details shall be submitted on the next hearing date both by the State Government as well as by the NHIDCL.
The next date of hearing is 9.8.2018. On which date, these two authorities shall submit report without fail.
Copy of this order be furnished to counsel for all the parties.
Mr.Sunilkumar, General Manager, NHIDCL is present in the court and he made a brief presentation on the ongoing projects for laying of N.H.37 and proposal for NH.35 to establish East-West, four lane corridor to Imphal.
We have also requested him to submit the standards for laying of roads which he agreed to submit by 9.8.2018.
Mr.L.Sanjoy Singh, Manager Project (NH), the officer on spot in respect of N.H.37 is also present and assures the Court that maximum interest will be shown in upgrading N.H.37 and also for proper maintenance of the road for use by the people of State of Manipur.
We record and appreciate the cooperation of the two officers present in the Court and adjourn the matter to 9.8.2018.
JUDGE CHIEF JUSTICE
Priyojit"
[45] After the filing of the present PIL, this was taken up initially on 10.8.2018 and the following order was passed on 31.8.2018 as below:-
"PIl No. 36 of 2018
Rajkumar Joysana. Petitioner
- Versus -
Union of India & 9 Ors. ...Respondents
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE KH. NOBIN SINGH
For the petitioner :: Mr. M. Hemchandra, Sr. Advocate
For the respondents :: Mr. N. Kumarjit, AG; Mr. S. Suresh, ASG
Date of order :: 31/8/2018
ORDER
Heard Mr. M. Hemchandra, learned Senior Counsel assisted by Md. Juno Rahman, learned counsel for the petitioner.
Issue notice, returnable on 21/9/2018 (Friday).
Mr. O. Ratankumar, learned counsel assisting Mr. N. Kumarjit, learned AG of the State accepts notice on behalf of Respondent Nos. 4, 5, 6 & 7 and Mr. S. Suresh, learned ASG accepts notice on behalf of Respondent Nos. 1 & 2.
Mr. S. Suresh, learned ASG submits the National Highways Authority of India (NHAI) is impleaded as Respondent No. 3, the Commander, BRTF (GREF) H.Q. 765, the Commander/EE (Civil) SG-24 BRTF and the Chief Engineer, Head Quarter Project Pushpak who are impleaded as Respondent Nos. 8, 9 & 10 respectively are no more involved in either of the two Highways - NH-2 and NH-37 and their presence is not necessary. In view of the fact that the NH-2 (Imphal-Mao) and NH-37 (Imphal Jiribam) sectors are being looked after by PWD, Government of Manipur as well as NHIDCL respectively, their presence will be necessary in deciding the PIL.
In view of the above, the petitioner is directed to file a recast petition by making appropriate amendments.
It has been submitted that there is another PIL pending before this Court being PIL No. 13 of 2010 which is dealing with NH-37 Imphal Jiribam Road. On the other hand, the present PIL deals with both the NH-37 and NH-2 and accordingly, it has been suggested by the parties present today that the present PIL be taken up along with the pending PIL.
The petitioner is to file recast amended petition so that such eventuality can be taken care of.
List the matter on 21/9/2018 along with PIL No. 13 of 2010.
Mr. A. Romenkumar, learned counsel who is assisting this Court in the connected matter as Amicus Curiae is also appointed as Amicus Curiae in the petition also. Copies of this order be furnished to all the learned counsel and the Amicus Curiae.
JUDGE JUDGE
Victoria"
[46] And on 12.9.2018, the Committee consisting of Advocates and Executive Engineer, PWD (Highway) was formed to inspect and furnish a report. That order dated 12.9.2018 reads as follows:-
"PIL No.36 of 2018 with WP(C) No.541 of 2018
Shri R.K.Joysana Singh,
aged about 64 years, s/o
(late) R.K.Sanatomba Singh of
MoirangkhomSougaijamLeirak,
PO & PS Imphal, Imphal West
District, Manipur.
....Petitioners.
-Versus-
The Union of India Ministry of
Home Affairs through the Secretary
(Home), Government of India,
ShastriBhavan, New Delhi-
110001 & 9 Ors.
...Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE
HON'BLE MR.JUSTICE KH.NOBIN SINGH
Rakesh Ranjan Prasad, CJ
12.09.2018
In terms of order dated 31.08.2018, amended petition has been filed. Copies of the same be served to learned Advocate General and Mr.Suresh, learned CGC appearing for the Central Government.
Accordingly, notice be issued to the authorities so as to respond.
The National Highway Authority and the National Highways& Infrastructure Development Corporation Ltd. (NHIDC) should inform the Court, what standards and specifications are required while forming National Highway and State Highways.
The Executive Engineer, PWD, (Highways) Manipur along with the following Advocate members will form a Committee and inspect the National Highway No.2 and give a report in the form of a chart, setting out the details of the damaged portion of the National Highway No. 2 road and nature of remedial measures to be taken;
Inspection Committee:
(1) Executive Engineer, PWD, Highways Manipur
(2) Mr.S.Biswajit, Advocate Member,
(3) Mr.L.Raju, Advocate Member,
(4) Mr.L.Shyam, Advocate Member,
(5) Mr.P.Jacob, Advocate Member,
(6) Mr.S.Gunabanta, Advocate Member and
(7) Mr.H.Paramananda, Advocate Member
For the Committee to undertake the inspection, the Chief Engineer, PWD, will provide vehicular support with other logistic support without fail. Breach of this order will be viewed seriously. The Chief Engineer, PWD is directed to strictly comply this order and a report shall be filed on or before 24.09.2018.
Furnish a copy of this order to the Chief Engineer, PWD, Highways Manipur.
Print the name of Mr. A. Romenkumar, Amicus Curiae in the cause list.
List on 24.09.2018.
Copies to be given to all the counsels and the Executive Engineer and Advocate Committee Members.
JUDGE CHIEF JUSTICE
Priyojit"
[47] Consequent thereupon, an inspection was conducted by the Committee and a detailed report was submitted on 24.9.2018 and the relevant paragraphs are extracted hereunder as below:-
"4. REPORT OF THE INSPECTION COMMITTEE:
That the said Committee has carried out the inspection to take stoke of the conditions of the road in respect of the said portions of the National Highway No. 2 by stopping at regular intervals wherever there are damaged portions on the road. That while inspecting the said portion of the National Highway No. 2, the inspection Committee has come across many portions of the road under damaged condition affecting the free flow of transportation. The Committee has found many potholes on the road apart from broken road in most portions of the National Highways No. 2. The Committee has also found that many portions of the National Highway No. 2 are still not covered by black topping and many portions of the Highway are still under Wet Mix Macadam (WMM) and Water Bound Macadam (WBM). As the road is not covered with black topping, there are lots of soil and sand dust flying around whenever a vehicle passed through, becoming a health hazard. There are many spots where water is flowing down from the up hills streams are directly flowing on the road, damaging the same. The inspection Committee has found many culverts are under construction and some of the culverts are likely to be completed in the near future. The Committee further found that in many areas of the National Highway No. 2, the retaining walls are being constructed to holds/retains soil behind it so as to avoid landslides. The Committee found many sinking areas on the Highway specially the stretch between Maram to Mao. The Committee found that the said portion of this National Highway No. 2 is not completely fit for free flow of transportation, even though at the present stage, vehicles can ply on in an uncomfortable situation. The present situation of the road is dangerous for normal vehicular movements and there is high probability of causing accidents risking the human life apart from causing wear & tear to the vehicles plying on the road.
CHART
Sl. No.
Portion of the Highway
Name of the Construction Company
Conditions of the road
Remarks
1.
North A.O.C. to Tendongyan
Shivalaya Company Pvt. (Ltd.)
Many potholes apart from broken road without black topping
Urgent need of repairing and proper maintenance.
2.
Tendongyan to Koubru Leikha
Md. Nashir Shah (Special Contractor)
Many potholes apart from broken road without black topping.
Urgent need of repairing and proper maintenance apart from taking care of water/stream flowing down from the uphill by constructing proper drainage systems
3.
Koubru Leikha to Moa
Bhartia Infratech Private Limited (BIPL).
Many potholes apart from broken road without black topping in many stretches as well as sinking in many portions of the highway specially between Maram to Moa. But there are proper black topping in some stretches of the highway and new culverts are under constructio
Urgent need of repairing with proper maintenance apart from taking care of water/stream flowing down from the uphill by constructing proper drainage systems
NATURE OF REMEDIAL MEASURE TO BE TAKEN UP.
That as per the information obtained from the concerned site engineers, it is stated that scarifying of the previous black topping to as dept of one feet by mechanical means is highly required so as to make camber by applying the manual works alongwith the compaction with road roller and then providing WMM (Wet Mix Macadam) with two layers of Black topping having 45 mm + 75 mm as per the BOQ (Bill of Quantity) in the work order. The pot holes are required to be fill up with the Granular Sub Base (GSB) after scarifying and loosening with the mechanical means and making camber (thickness in the middle of the road) and sliding from the middle to the required slope and compacted with road roller to meet requirement. The black topping of the road should be done after the completion of constructing of the culverts and retaining walls. The drainage system should be improved so as to avoid the water flowing directly from the ridge of the hills over the road to prevent damage of the road. It is further suggested that for the improvement of this National Highway No. 2, the concerned department needs to consult experts who can advice for new technology based on the present terrain and soil conditions of the hill areas.
CONCLUSION:
The inspection Committee most respectfully submits that this report is being filed based on the actual situations came across on the ground level while going from Imphal to Mao in the National Highway No. 2. The Committee is submitting the nature of the remedial measures based on the technical opinion of the Engineers of the PWD(Highways) Manipur, who were part of the inspection Committee. The Committee most respectfully submits that this Hon'ble Court may kindly accept the report of the Committee and pass an appropriate directions based on the said report."
[48] And, thereafter, this matter was listed today after impleading new parties for which no step appears to have been taken. Be that as it may, we find that the prayer in this PIL is a corollary to PIL No. 46 of 2015 and PIL No. 13 of 2010. On the earlier occasions, the entire focus was on road blockade and the damage caused to the Highways resulting in substantial loss in transporting commodities. The scope of the PIL was enlarged and directions have been issued from time to time to the executing agency and the implementing agency to verify the progress of the work so as to improve the conditions of the National and State Highways. A series of orders that have already been passed and recorded as above, makes it very clear that this Court has, in no uncertain terms, directed the authorities of the State and Union to take steps to ensure that the Highways are properly maintained and laid. This includes the construction or strengthening of existing bridges. There is no requirement of passing repeated orders by this Court in respect of State and National Highways because it is the duty of the official respondents to ensure that the National and State Highways are properly maintained from time to time. Courts cannot sit over the official duties of the authorities of the State and issue continuous directions. If the authorities of the State and Union show dereliction of duties in not properly laying and maintaining the National and State Highways, then they are committing a breach of their official duties for which they shall be visited with serious consequences. Needless to state that if any officer or official fails to take appropriate steps to maintain State and National Highways properly, then responsibility should be fixed on such official and departmental action should be taken wherever they failed to discharge their duties which they are bound by law to perform. The execution of the work is covered by the provisions of the State and Central Act in relation to National Highways and State Highways and if the authorities failed to perform their duties as enjoined by the provisions of the State and Central Act, these officers will have to be mulcted with personal liability for not taking responsible and timely actions.
The Court is at pain to reiterate that various orders passed by the Court which has been recorded in the earlier part of this order, would clearly go to show that due to supine indifference of the officers of the State and Central governments, this Court had to pass series of orders to ensure that highways are properly laid and maintained. This only makes it clear that pressure has been put to the Court to direct the authorities to perform their lawful duties. We are constrained to state that it is not the duty of the Court to run the affairs of the Executive and it is for them to discharge their duties effectively and efficiently. Law enjoins them to perform their duties in the interest of the State and the people of Manipur and their failure to do so should be seriously viewed by the State Government.
[49] Considering the nature of the prayers made in the present PIL and the series of order that have been already passed, it would not be necessary for this Court to pass any further direction except observing that the orders already passed covers the entire gamut of the prayers in this PIL. The only other indication or direction that this Court is inclined to pass is to direct all the respondents to implement the laying and maintaining of the National and State Highways in a time bound manner. The laying of roads, strengthening of roads, repairing of the State and National Highways should be done sincerely so that such plea a for direction by the Court can be avoided. It will save judicial time.
[50] In so far as PIL No. 46 of 2015 is concerned, it was closed on 26.7.2018 by the following order which reads as below :-
"PIL No.46 of 2015
BEFORE
HON'BLE THE CHIEF JUSTICE
HON'BLE MR.JUSTICE KH.NOBIN SINGH
26.07.2018
Rakesh Ranjan Prasad, CJ
Heard Mr.M.Hemchandra, learned senior counsel and Mr.L.Shashibhushan, learned counsel for the petitioner. Also heard Mr.N.Kumarjit, learned Advocate General, Mr.Suresh, learned ASG, Mr.N.Jotendro, learned senior counsel and Mr.LeninHijam, learned counsel for the respondents.
The prayer in this PIL reads as follows:
(i) To admit the Writ Petition (PIL) and issue rule nisi calling upon the respondents No.1 to 8 to show cause as to why a writ in the nature of mandamus/certiorari or any other appropriate writ should not be issued directing the respondent no.1 to 8 to discharge their bounden public duties/statutory duties immediately in preventing the illegal and unconstitutional 10 days economic blockade, bandh, general strike forcing trucks carrying essential commodities, day to day required eatable things to stay off on the National Highways No.2 and 37 called by the respondents No.9 and their parties and any other organisation, union, association etc.
(ii) To issue rule nisi calling upon the respondents to show cause as to why an appropriate order shall not be passed directing the respondent No.1 to 8 to declare/announce the said council namely UNC, private respondent No.9 as unlawful Council in view of their frequent criminal acts of crime against humanity and unlawful activities against the people of Manipur.
(iii) To issue rule nisi calling upon the respondents No.9 to show cause as to why a writ in the nature of prohibition shall not be issued restraining them from indulging in any action for calling the illegal and unconstitutional 10 days economic blockade and further calling bandh, general strike and economic blockade on the National Highways No.2 & 37;
(iv) To issue rule nisi calling upon the respondents No.10 to show cause as to why a writ in the nature of prohibition/mandamus shall not be issued restraining them (respondent No.9) from indulging in any action for publishing/broadcast at print and electronic media, press note for calling the illegal and unconstitutional economic blockade, bandh, general strike not only in the National Highways No.2 & 37 but also other areas inside the State of Manipur.
(v) To direct the respondents No.1 to 8 to safe guard the life and liberty of the people of the State by taking up adequate and appropriate action for preventing the economic blockade, bandh, general strike on the National Highways No.2 & 37 and also to direct the Official Respondents to order shoot at sight against whom, whosoever indulges in any form of obstruction/blockade along the said 2 (two) National Highways No.2 & 37 which is the only life line of people of Manipur.
(vi) To make the rule absolute and pass any other appropriate interim order, as well as final which the Hon'ble Court deem fit and proper;
(vii) Call for the relevant records;
AND
In the Interim, Your Lordship's be gracious enough to pass an appropriate interim order directing the respondents No.1 to 8 to take up immediate appropriate steps/actions for preventing the illegal and unconstitutional economic blockade, bandh, general strike on the 2 (two) National Highways No.2 & 37 of required appropriate order be issued to shoot at sight order against person or persons who prevent/obstruct in order to cause Economic blockade or bandh or general strike on the 2 (two) National Highways No.2 & 37, or to stop immediately the criminal activities indulged by the respondent No.9 and their parties for calling the illegal economic blockade on the 2 (two) National Highways No.2 & 37 and the direction to the respondent No.10 not to publish or broadcast such news of calling bandh, economic Blockades, general strike at print and electronic media, press note or any other appropriate order which the Hon'ble Court deem fit and proper to meet the ends of justice."
In view of the further proceedings in PIL No.13 of 2010, this PIL No.46 of 2015 stands closed.
However, liberty is granted to Mr.Hemchandra, learned senior counsel to recast the prayer in PIL No.13 of 2010 including any other issue which may arise in the State and National Highways.
Consequently, all the miscellaneous applications arising out of this PIL No.46 of 2018 stands closed.
JUDGE CHIEF JUSTICE
Priyojit"
[51] With the above observation, the present PIL No. 36 0f 20176 also stands closed.
[52] Copies of this order be issued to all the official respondents, learned AG, Mr. S.Suresh, learned CGC, to the learned counsel for the petitioner Mr. A Romenkumar, Amicus Curiae. Any person aggrieved may move appropriate application against any official or authority if there is a breach of the orders of this Court.