R.K. JOYSANA SINGH Vs. UNION OF INDIA
LAWS(MANIP)-2019-12-15
HIGH COURT OF MANIPUR
Decided on December 17,2019

R.K. Joysana Singh Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

RAMALINGAM SUDHAKAR,J. - (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.;


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