- (1.) Reference may be made to the previous orders specifically dated 2nd August, 2017, 9th August, 2017 and 22nd August, 2017. Affidavits have been filed on behalf of the NHAI, the agency-respondent no.6 and the State respondent-Department of Forest pursuant to the last order.
(2.) The concessionaire has not been able to achieve anywhere near to the monthly milestone indicated as per the work programme furnished on the earlier date as per which they have shown their intention to complete the execution of the NH-33 on the available work front of 128.8 Kms. by July, 2018. It was taken note of in the order dated 2nd August, 2017 itself that the agency has expended only 408.14 crores of the financial assistance though it had received Rs. 919.73 crores from the financial institutions. We were informed that approximately 44% of the work had only been executed against such financial assistance.
(3.) On the part of the agency-respondent no.6 agency it has been conveyed through its present affidavit dated 19th September, 2017 that against the projections given for the month August, 2017, works towards clearance, Embankment, Sub Grade, Granular Sub Base (GSB), WMM, DBM has been carried out. In respect of the culverts containing pipe and box work towards sub structures, super structures have also been carried out. As regards minor bridges, work towards sub structures, super structures has also been carried out. As regards major bridge, certain work towards super structures have also been carried out. The works towards flyover have also been done against sub structures. However, the work progress as against the projections given by this respondent is not complete on account of daily rainfall, even though intermittently, which impedes the progress of the work. For the projection of work for the month of September, 2017, it has been able to collect the data of the work executed upto 16th September,2017. In this month also due to weather conditions remaining the same, progress of work has been affected. The embankment constructed usually get washed out and the compaction also gets disturbed. The other works of Sub Grade, Granular Sub Base (GSB), WMM, DBM, Curve have also been affected. As against structures, minor bridges, major bridge, flyover, the progress has been affected but the respondent is hopeful to cover up the work by end of this month as the rain fall is likely to come to an end after 15th September, 2017. It has tabulated the progress of the work by way of a chart at Annexure-A. According to it, the bankers have come forward and accepted to infuse funds for the project without deducting interest component as was being done previously. It is further stated that the bankers have adjusted an amount to the extent of Rs.26.13 crores as against the advance of Rs.32.96 crores made by them during the period 17th June, to 17th September, 2017. As against the release so made, a paltry sum of Rs.6.83 crores was released for on-site works. On consideration of the orders passed by this Court and representation made by the agency and the discussions with NHAI, the bankers have accepted and assured respondent no.6 and the NHAI not to deduct the amount towards the interest and release the funds directly for progress of work. Other statements have been made in relation to the operation of the seven mining leases, two of which are on the verge of being started, after completion of necessary formalities in East Singhbhu and Seraikella Kharsawan. The respondent expects those formalities to be completed by the end of this week. In respect of five mining leases, in the district of Ranchi, the respondents have been visiting on regular basis for finalization of leases and environmental clearance is in progress.;