- (1.) Leave granted.
(2.) A public interest litigation, was filed in the Gauhati High Court, invoking the jurisdiction of the High Court under Article 226 of the Constitution of India. The petitioner had invoked the writ jurisdiction of the High Court, in an effort to expedite the laying of a 329 kilometers road, the construction whereof had been stalled. It is for the aforesaid objectives, that the petitioner before the High Court, had prayed as under : 1. To issue a writ in the nature of Mandamus and/or any other appropriate writ, order or directions directing the respondent authorities to complete the two-laning work of the approach road from Hebolimi Village to the National Highway in particular and also all the other parts of the 329 kms of roads under the present project, as early as possible even by applying alternate means, if necessary; 2. To issue a writ in the nature of Mandamus and/or any other appropriate writ directing the respondent authorities to reject the Revised Cost Estimate submitted by M/s. Maytas-Gayatri (Joint Venture) through the Chief Engineer (National Highway) Nagaland, PWD, vide official correspondence dated 20.02.2012; 3. To issue a writ in the nature of Mandamus and/or any other appropriate writ directing the respondent authorities to blacklist M/s. Maytas-Gayatri (Joint Venture) from further tender works in the Public Works Department, Government of Nagaland. 4. To issue a writ in the nature of mandamus and/or any other appropriate writ directing and enquiry by the Central Bureau of Investigation (CBI) in the Mega Project in the State of Nagaland initiated by the Public Works Department converting a total length of 329 kilometers road for two laning from i. Mon-Tamlu-Merangkong, ii. Longleng-Changtongya, iii. Phek-Pfutsero and iv. Chakabama-Zunheboto and this Hon'ble Court may be further pleased to supervise such enquiry by the Central Bureau of Investigation (CBI). And/or pass such further order/orders as Your Lordship may deem fit and proper in the facts and circumstances of the case.
(3.) It seems that the High Court, in its desire to ensure completion of the above road project expeditiously, had issued directions to Respondent No.7 to complete the project without any delay. In order to achieve the aforesaid objective, the High Court had even required the progress thereof, to be supervised by Hon'ble Mr. Justice R.B. Mishra, a former Judge of the Gauhati High Court. The High Court had even required payments to be released to Respondent No.7-M/s. Maytas-Gayatri, for the work already executed. In this behalf, it would be necessary to record, that in the estimation of the High Court, an approximate amount of Rs.540.31 crores, was payable to Respondent No.7, for the work already executed.;