MANOJ KUMAR AGARWAL Vs. UNION OF INDIA AND ORS.
LAWS(JHAR)-2014-3-140
HIGH COURT OF JHARKHAND
Decided on March 07,2014

Manoj Kumar Agarwal Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

- (1.) This 'Public Interest Litigation' has been filed seeking direction upon the respondents to complete the widening of road i.e. NH-23 (Gumla to Bimitrapur Section), which has been sanctioned by Ministry of Transport and Highway, Government of India for widening in kilometer 169, 173 to 181 kilometer as per the specification. The petitioner has also sought direction upon the concerned respondents to refer the matter to an independent Central Investigating Agency to investigate the aforesaid matter on the alleged huge spending of public money and laches on the part of the officials.
(2.) Pursuant to various orders passed by this Court, the Ministry of Transport and Highway, Government of India filed supplementary counter affidavit on 3.03.2014, wherein it is stated that the earlier contract of M/s Sharda Construction has been terminated and now the estimate for NH-23 from km. 47 to 52 and km 63 to 66 is Rs. 661.42 lakhs, from km 53 to km 62 is Rs. 637.68 lakhs and from km 67 to 75.435 is Rs. 627.68 lakhs and that estimate has already been sanctioned vide Annexure 1,2 and 3 to the supplementary counter affidavit. The relevant portion of supplementary counter affidavit, paragraph 7 reads as under: 7. With reference to Hon'ble High Court's order no. 12 dated 17.01.2014 it is stated and submitted that- (i) As the State RCD has terminated the earlier contract with M/s Sharda Construction involving the box culvert separate estimate for construction of Box cell culvert in km 180/1 of NH-23 submitted by Jharkhand RCD is under consideration for sanction by MORT&H. (ii) the estimates for PR/IRQP work on NH-23 as submitted by the State RCD have been sanctioned by the Ministry. (iii) the revised estimates based on tender for award of PR/IRQP in km. 47-52 & km 63-66, km 53-62 and km 67-75.435 have already been sanctioned by the MORTH vide letter No. NH-12018/7/2013/JHR/NH-3 dated 21/01/14, no. 12018/10/2013/JHR/NH-3 dated 22/01/14 and no. NH-12018/9/2013/JHR/NH-3 dated 22/01/14 respectively.
(3.) Mr. Rajesh Kumar, learned counsel for the respondent-State submitted that since the financial sanction by the Ministry of Road Transport and Highways was given on 16.01.2014, the State of Jharkhand would take all necessary steps for completion of the road widening of NH-23.;


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