CHAKHESANG PUBLIC ORGANI-SATION Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a PIL filed by Chakhesang Public Organization, through its functionaries on behalf of persons whose lands/properties including crops, irrigation and fields, drainage etc. were damaged due to the construction of 2-lane road within Phek District under the 2-lane Project: Longleng- Changtongya - Mon - Tamlu - Merangkong, Phek - Pfutsero and Zunheboto - Chakhabama, SARDP (Special Accelerated Road Development Programme) - NE, praying for issuance of appropriate writ/order/direction directing the respondents to pay compensation for the damages caused.

(2.) Heard Mr. Angshuman Sarma, learned counsel appearing for the petitioners, Mr. L.T. Sangtam, learned Additional AG appearing for the State respondents, Mr. Yangerwati, learned CGC appearing on behalf of the Union of India (respondent No. 1), and Mr. L. Iralu, learned counsel appearing for respondent No. 10.

(3.) The facts and circumstances leading to the filing of this PIL briefly stated are as follows: In order to improve the pathetic conditions of the roads in the State of Nagaland, the Ministry of Road Transport and Highways under the scheme known as Special Accelerated Road Development Programme - NE allotted a sum of Rs.1,296.00crores for construction of 2-lane road from Longleng - Changtongya - Mon - Tamlu - Merangkong, Phek - Pfutsero and Zunheboto - Chakha-bama. Ministry of Road Transport and Highways and the Public works Department, Nagaland were notified to be the funding and executing agency; and the implementing agency respectively. After the tender process the Contractor, namely M/s Maytas Gayatri (joint - venture) was issued the work order and the Contractor started executing the work in the year 2011 under the supervision of the State PWD. During the process of the execution of the work, a lot of cutearths, stones, trees etc., were piled up along the roads under construction instead of dumping the same at the identified dumping sites. Therefore, when the rainy season came they slid down on the lands and properties of the villagers who are settled along the road causing severe damage to their lands and properties. Since the land owners are poor farmers and ignorant about their rights and the ways and means to redress their grievances, the petitioner/Organisation took upon itself to help them in approaching the right authorities and forums through legal means so that their grievances are addressed or redressed as per law. So after several meetings were held the petitioner submitted two representations dtd. 18/10/2019 and 20/10/2019 to the Chief Engineer, PWD (National Highway), Nagaland and to the Deputy Commissioner, Phek respectively, requesting for compensation for the damages caused to the properties of the land owners whose lands and properties have been affected during the construction of the road specifically for the land owners along the stretch of the road viz. Phek - Pfutsero and Zunheboto - Chakhabama under the administrative jurisdiction of EAC, Sakraba, Phek District. Though the representations did not receive immediate response as desired, the office of the PWD (National Highway), Nagaland conducted a joint-survey of the lands and properties damaged/destroyed, for the purpose of ascertaining the extent of the damage caused to each individual's land and properties and for the purpose of quantifying the compensation to be paid. The same was carried out under the aegis of the Deputy Commissioner under whose jurisdiction the properties are situated. The joint verification was conducted by the officers of the State, aggrieved persons, and members of local administrative bodies after issuance of proper notification by the Deputy Commissioner concerned. As per the joint survey, the compensation amount worked out for the land owners between Phek - Pfutsero road was Rs.5,81,69,989.70 and for the land owners between Zunheboto and Chakha-bama road it was Rs.55,12,66,695.34. However, the State Government of Nagaland did not disburse the amount to the land owners on the ground that the State PWD was only the implementing agency and the Project is fully funded by the Central Government, more particularly, Ministry of Road Transport and Highways.Therefore, unless the fund is released by the Ministry concerned the State Government will not be in a position to pay the same. In the meanwhile, the Contractor asked for escalation of the contract amount; however, the same was refused by the employer. Due to the tussle between the employer and the Contractor the execution of the work stopped and the parties went for arbitration for settlement of their dispute. While this was going on, the petitioners filed the present writ petition praying for issuance of appropriate writ/order/direction directing the respondents, more particularly the Ministry of Road Transport & Highways to pay the compensation as worked out by the State Government after the joint survey was conducted.