- (1.) IN continuity of the yesterdays' proceedings in this matter, an explanation has been filed today supported by the affidavit of the Director Engineering, Jodhpur Development Authority, Jodhpur seeking to explain the proceedings dated 05.01.2008, whereby the then Urban Improvement Trust, Jodhpur (now Jodhpur Development Authority, Jodhpur) took a decision that prima facie stands at contradiction to Paragraph-11 of the order dated 19.02.2007 as passed by a Division Bench of this Court in D.B.C.W.P. No.6073/1993: Mahendra Lodha Vs. State of Rajasthan & Ors, regarding the width of Pal road, Jodhpur.
(2.) HAVING gone through the explanation and the documents attached thereto, we have expressed prima facie reservations on the propositions as stated in the proceedings of the meeting dated 05.01.2008 and so also, in the explanation as submitted before us. Mr. G.R. Punia, the learned Additional Advocate General prays for further time to complete his instructions and to advice the concerned authorities properly before making further submissions in the matter. Having regard to the circumstances, another opportunity is extended to the respondents to come out straight and forthright in regard to the proceedings dated 05.01.2008 though prima facie we feel that such proceedings are directly in defiance of the order passed by this Court; and such defiance can never be countenanced. In response to the directions of this Court yesterday, certain Measurement Books (MBs) have been placed before us, said to be of the road work which is in progress, by the Jodhpur Development Authority and so also by the Public Works Department. We find from the MBs as placed by the JDA that most of them are of running entries and it appears that they have not yet been certified by the Assistant Engineer/s and the Executive Engineer/s concerned. The JDA is directed to place on record the photostat of the relevant entries of the MBs as existing until this date and the original may be taken back, to be produced as and when required. However , one Measurement Book bearing No.EE/W/191 shows that a payment of about Rs.15,59,583/- has been certified after ultimate checking of the work and it bears the signatures of the concerned Engineers. Mr. Yogesh Mathur, Executive Engineer, JDA is present in the Court and submits that this MB EE/W/191 carries his signatures as well as the signatures of the Assistant Engineer Mr. Ramsukh Gehlot, Junior Engineer Ms. Rashmi Choudhary, and AAO Mr. Ashok Sangar. This MB, having been certified for final payment and being relevant, is retained for the purpose of this matter. A photostat of this Measurement Book No.EE/W/191 shall be prepared by the office in two sets, to be placed on the record of this case. The original Measurement Book shall be kept with the Dy. Registrar (Judl.) of this Court in sealed cover. The Jodhpur Development Authority is further directed to place on record the copy of the specific "G" Schedule in relation to work certified in the aforesaid MB. No.EE/W/191 and so also the copies of "G" schedules alongwith the NITs in relation to the on-going road works which have been taken up after the order dated 31.05.2012. In relation to work certified as completed, we consider it appropriate and hence direct that specific "Information Board" should be placed at a conspicuous place along side the road stating clearly the names of the concerned Executive Engineer/s, Assistant Engineer/s, Junior Engineer/s who have verified and certified the work and so also the name of the Contractor who has executed the work with all relevant mobile numbers. This should be done today itself. The Executive Engineer/s of the Jodhpur Development Authority, Sarva Shri Kanhaiyalal Chouhan, Arvind Kumar Mathur, Rakesh Parihar and Alok Malviya who are said to be connected with on-going road work are present in the Court. It would be expected of each of them to personally monitor the work and ensure its execution as per specifications; and guard against any kind of complaint about the quality of the work. A Measurement Book bearing number 3865 of the Public Works Departament has also been placed before us by Mr. Sanjeev Mathur, Executive Engineer, PWD, City Division, Jodhpur and it has been submitted that PWD has carried out bitumen patch work on some of the roads apart from lying of a few CC roads. While our going through this MB, which carries record entries as on 06.10.2012, it was given out that the work of road from Jalori Gate Circle to Olympic Circle has been carried out. The learned amicus curiae Mr.Pankaj Sharma and Mr.Vipul Singhvi were requested to inspect that road and after visit, they have reverted to the Court with the submissions that out of 16 metre width of the road, the work has been carried out on 10 metres width and whatever carried out is also not a work of standard and quality; and the road ride is not smooth; and is rather that of jerks and jumps that raises serious question mark over the quality of the work done. Two photostat of this Measurement Book of PWD shall be placed on record by the Executive Engineer concerned today itself.
(3.) UPON our asking about the stipulated date/s of completion of work, the learned Additional Advocate General Mr.G.R.Punia submits that since there are more than one department involved, the JDA would compile the report after taking instructions from all the departments concerned and then, such a comprehensive report regarding stipulated date/s of completion and so also the extent of work particularly in relation to 15 BRTS roads would be filed in this Court latest by 11th instant. When we expressed our thorough dissatisfaction over non- performance as well as very poor performance and proposed to hold the officers in-charge including the Commissioner, JDA, Jodhpur personally liable, Mr.Ratan Lohati, the Commissioner, JDA, Jodhpur has attempted to make certain submissions but on being questioned about the quality of work done, he prays for a day's time to take stock of the things first before making submissions. At request, the matter is deferred today.;