PUNJAB AND HARYANA HIGH COURT, CHANDIGARH. *** CWP No. 4151 of 2009. Date of Decision: 26.10.2009. *** BBN Industries Association and Anr. Vs. State of Haryana and Ors. *** CORAM: Hon'ble Mr. Justice T.S.Thakur, Chief Justice and Hon'ble Mr. Justice Mahesh Grover. *** Present: Shri Chetan Mittal, Sr.Advocate, with Shri Vishal Garg, Advocate. Shri Randhir Singh, Addl: A.G.Haryana. Shri Onkar Singh Batalvi, Advocate, for Union of India. *** T.S.Thakur, CJ (Oral) This petition has been filed in public interest by the petitioner-associations comprising Industrial Units established in Baddi, Barotiwala and Nalagarh areas. The petition brings into sharp focus the poor condition of a road measuring 17.5 Kms and forming part of national highway No. 21-A from Pinjore to Maranwala (Baddi), on account of lack of proper and timely repair to the road and damage caused by heavy trucks plied on the said stretch, resulting in prolonged traffic blockades causing great inconvenience to the public at large. All this according to the petitioners has been happening on account of callous and indifferent attitude of the respondents, who are insensitive to the problem despite repeated representations from the petitioners and even communications inter se the respondents. The petitioners have, therefore, sought the intervention of this Court in public interest and prayed for a direction to the respondents to repair and recarpet the entire road length mentioned above so that inconvenience and hardship being faced by the users thereof can be avoided. In response to a notice issued by this Court, respondents no. 1 to 3 filed an affidavit on May 06, 2009 inter alia stating that Ministry of Road, Transport and Highways (MORT & H) had sanctioned two estimates for widening of road to 10 -2- CWP No. 4151 of 2009. meters and that revised estimate of Rs.415.93 lacs has also been sanctioned for the said works. The affidavit further states that Government of India had sanctioned a further amount of Rs.610.55 lacs subsequently revised to Rs.1009.22 lacs vide letter dated 14.11.2008 for widening and strengthening 11.2 to 17.5 Kms of NH 21-A (Pinjore-Baddi Road), mentioned above. The affidavit also stated that both works mentioned above were in progress and were likely to be completed by the middle of May 2009 and July 2009 respectively. The affidavit asserted that after the completion of the above works, a total length of 8.50 Kms would stand strengthened and widened to 10.00 meters. With regard to the balance 9-00 Kms i.e. from Km 2.200 to 11.200, an inspection was conducted by the officers of MORT&H and the State PWD between 15.9.2008 and 8.3.2009. After inspection, Ministry of Road, Transport and Highways had requested the State PWD to submit estimates for the works in question, in response to which the State PWD had forwarded an estimate of Rs.2543.57 lacs on 22.4.2009. Tenders for the said work would then be invited after the estimate was sanctioned. When the matter came up for hearing before us on May 11, 2009, the same was adjourned to October 26, 2009 in light of the averments made in counter affidavit filed by respondents No. 1 to 3. The respondents were at the said time directed to file a further report regarding the progress made on the work in question. Learned counsel for respondent No.3, has pursuant to the said direction, filed an affidavit sworn by Shri Ramesh Kumar, Executive Engineer (NH) Haryana PWD (B&R) Division inter alia stating that tenders for the work mentioned above were invited and received on 29.09.2009. The Technical Evaluation Committee has already approved the technical bids. Financial bids of technically qualified contractors have also been opened by PWD Haryana on 8.10.2009. The affidavit states that the evaluation of financial bids is in progress. It also states that the work will be awarded immediately after the completion of Vidhan Sabha General Election Process after October 25, 2009 and the execution of the work completed within 13 months. Mr. Randhir Singh, counsel appearing for the State of Haryana-respondent No.3 submitted that since the entire ground work for allotment of the contract for -3- CWP No. 4151 of 2009. widening and re-carpeting of road length mentioned above has been done and all that remains is evaluation of the financial bids and allotment of contract, the respondents could be given reasonable time to complete the project and the petition disposed off with appropriate directions. We see merit in that submission. Out of a total length of 17.500 Kms, 8.5 Kms has already been widened and re-carpeted upto 10 meters. As regards balance of 9 Kms i.e from 2.200 Kms to 11.200 Kms the matter is being taken up for widening and re-carpeting. Process for allotment of contract to a proper agency is also at its final stage. In the circumstances, no useful purpose would be served by keeping this petition pending on the board of this Court. Learned counsel for the respondents submitted that the allotment of work to the contractor found fit for such allotment would be made within two weeks. Counsel for the petitioners urged that while the allotment could be made within two weeks, the Court could reduce the time period for completion of the project. While we would welcome the expeditious completion of the project work, we may not be able to fix a time frame by a judicial order having regard to the fact that widening and re-carpeting of the road is a cumbersome process and would require to be done under technical supervision and subject to many impediments including the vagaries of weather. In the circumstances, all that we need say is that the work can be allotted within two weeks from today and the contractor exhorted to complete the same as early as possible. Before parting we may also notice that the road length in question is getting damaged because of plying of heavy loaded trucks to and fro Baddi and Nalagarh areas. While, the respondents are under an obligation to maintain the road in question in good condition, the petitioner associations also ought to cooperate in ensuring that the trucks are not loaded beyond the limit specified in the permits issued in their favour. Neglect of that obligation would necessarily cause inconvenience not only to the Industrial Units but also to the General Public, as keeping the road stretch in a good condition is an extensive and time consuming proposition. Prevention is always better than cure. With that observation, the writ petition is disposed off, leaving the parties -4- CWP No. 4151 of 2009. to bear their own costs. A copy of the order be given dasti, under the signatures of Bench Secretary. (T.S.Thakur) Chief Justice (Mahesh Grover) October 26, 2009 Judge Malik