IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 321 OF 2008 IN WRIT PETITION NO. 470 OF 2006 STATE OF GOA THROUGH CHIEF SECRETARY ... Applicant Versus MORMUGAO PORT USERS ASSOCIATION AND 2 ORS., ... Respondents Mr. S. S. Kantak Advocate General with Ms. R. Chodankar, Addl. Government Advocate for applicant/original respondent no.4. Mr. A. N. S. Nadkarni with Mr. H. D. Naik, ADvocate for Respondent/original Petitioner. Mr. V. B. Nadkarni, Senior Advocate with Mr. Y. V. Nadkarni, Advocate for Respondent no.2. Mr. M. S. Sonak, Advocate for respondent nos. 3 and 8. Mr. J. Godinho, Advocate for Respondent no.6. Coram:- S. C. DHARMADHIKARI & SANTOSH BORA, JJ. Date:- 21st August, 2008 P.C. The Misc. Civil Application is by the State through the Chief Secretary seeking extension of time to remove encroachments, relocate public utilities and hand over vacant possession of the land to National Highway Authority. For all this, 18 months extension is sought from 15.04.08. 2. The facts which are not in dispute are these. By an Order dated 16.04.2007, the Writ Petition was disposed off by an agreed order and after recording undertakings. 3. The order directs the State Government to complete the work from Phase I to Phase III of the Project so that the National Highway Authority of India completes the work of construction of NH-17-B. 4. The order passed by this Court records the statements of the Advocate General in Para 3 thereof. The Advocate General on instructions made a statement that 12 months would be required to do the needful. 5. The phase wise construction of the National Highway has been set out in the Order itself. The Order passed by this Court on the Writ Petition also records statement of all parties that they would not seek any extension from the Court for completing and carrying out the work more particularly mentioned in the Order. 6. The State Government has filed this application for extension of time. There is an Order passed by this Court on 28.11.2007 which records the statement of the Advocate General that Phase IV of the Project will also be undertaken and possession of the land/stretch which is covered by Phase IV would be handed over on or before 14.08.08 by removing all encroachments and relocating public utilities. 7. Counsel appearing for parties so also the learned Advocate General agree that even this time frame has not been adhered to and, therefore, extension be granted to complete all the formalities and handing over the stretch covered by Phase IV as well. When this application was placed before us, we had directed on 17.07.08 that the State Government should hand over physical possession of the site/stretch Varunapuri to Gandhinagar covering a distance of 1.1 kms to respondent nos. 3 and 8 on 19.07.08. 8. Our further Order records that the possession was handed over. Thereafter, on 06.08.08, after perusing the additional and further affidavits, we recorded the statement of the learned Advocate General that the NHAI has in its possession 13.10 kms to 14.45 kms i.e. serial nos. 1 and 2 of paragraph 1 of the Additional Affidavit filed on behalf of respondent nos. 3 and 8. What remains to be handed over was 14.45 kms to 14.85 kms. The learned Advocate General sought time to take instructions and make a statement as to when this portion and the remaining portion thereafter i.e. 15.32 kms to 15.75 kms would be handed over. At his request, the matter was adjourned to 14.08.2008. 9. Now, after the further adjournment, Shri J. P. Singh, Chief Secretary of Government of Goa, has filed an affidavit. In Para 1 of his affidavit, he has said that total stretch is of 5.20 kms out of which 4.02 kms has been handed over to NHAI. Three different stretches remain to be handed over. 10. He has referred to the Minutes of the Meeting held earlier. 11. He has stated in Para 4 of the affidavit that balance stretches of land could not be handed over because they are in occupation of Project Affected Persons and some of them are belonging to fisher communities. As far as the fishermen are concerned, their rehabilitation would be undertaken somewhere near the sea so as to enable them to carry on their livelihood. The land has been identified for rehabilitation and even construction of tenements for shifting the PAP's is being undertaken, is the statement in Paragraph 4 and 5 of the affidavit. 12. The Chief Secretary, thereafter, refers to a meeting held on 12.08.08 of all officials and it is stated therein that the Mormugao Port Trust has informed that Building at Joshi Bhat would be completed by July 2009. The work of all four buildings has already commenced and they would also be ready by July 2009. The State requires further time to shift the PAP's, to demolish the structures and remove public utilities thereafter and, for all this, the State has sought time till 31.10.09 and the Chief Secretary has stated on oath that the balance stretch of land will be handed over to National Highway by 31.10.09. 13. The matter of rehabilitation of the Project Affected Persons and fisher folks in particular was something the State was aware of earlier. We are rather surprised as to how when the matter was disposed off by agreed Minutes on 16.04.07, the difficulties of their shifting and housing were not raised before the Court. It may be true as contended by the Advocate General, that even at that time, the issue was raised but what we find from a reading of the Order is that not only housing of the PAP's but handing over possession was agreed within the time frame stipulated in the Order. The phase-wise implementation and time of completion, therefore, is agreed and determined after suggestions by the Authorities themselves. Thus, it is by consent that the time was fixed by this Court. Now, the issue has propped up again. We do not wish to enter into larger controversy. For the purpose of the present application, we also do not go into the controversy as to whether the application for extension is maintainable or not. Since the Project is of public interest and vital to the people of Goa, we have entertained this application. We have also ensured that compliance is made with the Order and we move ahead after 16.04.07 and 15.04.08. With the intervention of the Court, some further stretches have been handed over. 14. However, while accepting the statement made by the Advocate General and the Chief Secretary on oath before us, we feel that a considerable time has been spent by the Court on this issue. From 16.04.07, we are in August 2008, the construction of the National Highway has not commenced. In such circumstances, we do not grant time as prayed till 31.10.09 but direct that the steps that are set out in the affidavit filed on 21.08.08 and more particularly those in Paragraph nos 4 to 6 shall be completed and balance stretches be handed over on or before 30.09.09. We direct that no application for extension will be entertained. If the State does not abide by this direction, all consequences in law including for breach and violation of the Orders and directions could then follow. 15. It is well settled that when the Court accepts the statement of the Advocate General, who appears for the State, then, such statements have to be viewed differently. Time and again, the Supreme Court has emphasized that statement made by an Advocate and Advocate General of the State stand on a different footing. The Advocate General and also the Chief Secretary having assured the Court that the Project would be completed within the extended time, we have considered their request sympathetically and extended the time as above. However, now that the possession of some of the stretches has been handed over, we do not feel that any further time should be permitted and that the Project is further delayed. 16. Mr. Sonak appearing for Respondent nos. 3 and 8 on instructions of the Project Director, who is present in the Court, made a statement that the National Highway Authority of India would endeavour and commence construction of Highway even if possession is handed over in stretches, by issuing a tender notice. The National Highway Authority has stated that from the date possession is handed over, it will complete the construction within a period of 18 months from that day and, under no circumstances, will it seek any extension. In such circumstances, when we have directed that no time will be granted for handing over possession beyond 30.09.09, we expect even National Highway Authority of India to act expeditiously and the moment possession is handed over it shall take necessary steps and commence the construction as stated by the Counsel before us. Even National Highway Authority of India will not be permitted to seek any extension and, if it so seeks, the same will not be granted. 17. In the light of the statements made by the Chief Secretary in the Affidavit dated 21.08.08, which is duly taken on record, we grant extension in the above manner and for the above term so also proceed to dispose off the Misc. Civil Application. There will be no order as to costs. S. C. DHARMADHIKARI, J. SANTOSH BORA, J. arp/*