JUDGEMENT
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(1.) HEARD the learned Counsel for the petitioners and the respondents. In pursuance of the order passed by this Court on 19th February, 2008, affidavit has been filed on 14.3.2008 by the Secretary, (Road Transport and Highways), Ministry of Shipping, Road Transport and highways. Government of India.
(2.) FROM perusal of paragraph 6 of the aforesaid affidavit, it appears that in compliance of this Courts order dated 19.2.2008, the officials of the Central Government viz., Senior Executive Engineer, Regional Office, Patna and ELO, Ranchi have inspected the important stretches of National Highways in Jharkhand in February/March 2008 from Hazaribagh -Ranchi -Jamshedpur section of NH 33, Hazaribagh, Bihar border section of NH 31, Ranchi Gumla Orissa border Section of NH 23, Chas Ramgarh Section of NH 23, Chandil Dhanbad Section of NH 32, Gumla Chhatisgarh border of NH 78, Hazaribagh Chatra Section of NH 100 and they have found contents of the reports filed by the State Government to be generally in order.
Para 7 of the aforesaid affidavit further indicates that during execution of work, necessary checks to ensure the quality of road has to be carried out by both the party to the contract agreement, i.e. the State RCD as well as contractor as per the prevailing standards. This has to be carried out at each stage of operation as per the NH standards for which the State RCD has the established field units. The quality of road surface after completion of improvement work is generally assessed based on measurements of the roughness of the road by using roughometer (bump integrator). To assess the riding surface of the road, roughometer test is being conducted on certain stretches of national highways in Jharkhand. So, as per the above report, the work done so far is in order and work is being done continuously.
(3.) TODAY , Advocate General has also tiled an affidavit which indicates that no order has been issued in respect of sanction sought for vide letters sent to the State Government on dated 24.1.2008, 6.2.2008 and 11.3.2008 in respect of two works. The affidavit further indicates that in addition to two above pending sanction to be received from the Central Government, tenders in respect of further two works were also subsequently found to be above 5% of BOQ and therefore, the work order could not be issued, it being beyond the competency of the State Government and the same has been referred to the Central Government vide Chief Engineer, National Highway letter No. 241 dated 19.2.2008 and 343 dated 11.3.2008 for sanction.;
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