M/S RHINO CONSTRUCTION AND AGENCY v. SHRI KEZUWETE WEZAH AND 3 ORS
Court: Gauhati High Court
Bench: HON'BLE MR. JUSTICE KAKHETO SEMA,HONBLE MR JUSTICE KARDAK ETE
Judgment date:
Case summary
Gauhati High Court judgment dated 2025-02-18. M/S RHINO CONSTRUCTION AND AGENCY v. SHRI KEZUWETE WEZAH AND 3 ORS. Read the judgment and case details on...
Judgment text
Page No. # 1/7 GAHC020003992024 2025:GAU-NL:44-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : PIL/14/2020 KEZUWETE WEZAH AND 3 ORS S/O SHRI KHROTSO WEZAH AGE ABOUT 39 YEARS RESIDENT OF CHIZAMI VILLAGE PHEK-797102 NAGALAND 2: PILONGLA D/O LITSAKYU AGE ABOUT 38 VETERINARY COLONY DIMAPUR- 737112 NAGALAND 3: HILO POJAR S/O SHRI LATHOR POJAR AGED ABOUT 23 YEARS RESIDENT OF AKHEN VILLAGE MELURI PHEK-737114 NAGALAND 4: BISHA KATIRY S/O SHRI NYUSETA AGED ABOUT 22 YEARS RESIDENT OF LEPHORI VILLAGE PHEK-797114 NAGALAND VERSUS THE STATE OF NAGALAND AND 10 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT Page No.
# 2/7 OF NAGALAND NEW SECRETARIAT NAGALAND KOHIMA 797001 2:THE FINANCE COMMISSIONER FINANCE DEPARTMENT NAGALAND KOHIMA 3:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND DEPARTMENT OF WORK AND HOUSING NAGALAND KOHIMA 4:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 5:THE EXECUTIVE ENGINEER PWD (R AND B) PHEK DIVISION PHEK NAGALAND 6:THE UNION OF INDIA RESENTED BY THE JOINT SECRETARY (CVO AND PG) UNDER MORTH ROOM NO. 516 PARIVAHAN BHAWAN SANSAD MARG NEW DELHI-110001 7:M/S RHINO CONSTRUCTION AND AGENCY NPW/CI-1/236 NAGALAND DIMAPUR 8:THE KAMALIA AREA PUBLIC ORGANISATION PHEK AND MELURI DISTRICT NAGALAND THROUGH ITS PRESIDENT 9:THE AKHEN VILLAGE COUNCIL PHEK-797108 NAGALAND Page No. # 3/7 THROUGH ITS CHAIRMAN 10:THE LEPHORI VILLAGE COUNCIL PHEK-797108 NAGALAND THROUGH ITS CHAIRMAN 11:ABIJA KHING EXECUTIVE ENGINEER PWD (R AND B) UNDER THE CHIEF ENGINEER PWD (R AND B) KOHIMA.
------------ Advocate for : SENTIYANGER Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 10 ORS Linked Case : I. A. (Civil)/107/2024 M/S RHINO CONSTRUCTION AND AGENCY NPW/CI-1/236, DIMAPUR, NAGALAND, REPRESENTED BY THE PROPRIETOR, SHRI LHOUSAKUOLIE METHA, AGED ABOUT 55 YEARS, PRESENT RESIDENT OF LOWER PWD COLONY, KOHIMA , NAGALAND VERSUS SHRI KEZUWETE WEZAH AND 3 ORS S/O SHRI KHROTSO WEZAH, AGED ABOUT 42 YEARS, RESIDENT OF CHIZAMI VILLAGE, PHEK, NAGALAND 2:SMTI. PILONGLA D/O LITSAKYU AGED ABOUT 41 YEARS VETERINARY COLONY DIMAPUR 3:SHRI HILO POJAR S/O SHRI LATHOR POJAR AGED ABOUT 27 YEARS Page No. # 4/7 RESIDENT OF AKHEN VILLAGE MELURI PHEK 797114 NAGALAND 4:SHRI BISHA KATIRY S/O SHRI NYUSETA AGED ABOUT 25 YEARS RESIDENT OF LEPHORI VILLAGE PHEK-707114 NAGALAN Advocate for the Petitioner : A. ZHO, Advocate for the Respondent : , BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA HONBLE MR JUSTICE KARDAK ETE ORDER 19. 02. 2025 (K. Sema, J) Heard Mr.
Sentiyanger, learned counsel for the petitioners, Mr. L. T. Sangtam, learned Additional A. G. , Nagaland for the State respondent Nos. 1, 2, 3, 4 and 5 alongwith Mr. Veto V. Zhimomi, learned Government Advocate, Mr. A. Zho, learned counsel for the respondent No. 7/Contractor, Mr. Yangerwati, learned CGC for the respondent No. 6 and Mr. Pfosekho Pfotte, learned counsel for respondent No. 11. 2. On 07. 08. 2024, this Court had inter alia made the following observations:- Page No. # 5/7 “However, considering that the State respondents has come up with a revised working estimates against the work, i. e. construction of road from (i) Lephory to Molhe (26 kms) and (ii) Akhen to Star Lake (15 kms), and further considering that the construction of the said road will be for the benefit of the people of the State, more particularly for the people of the area concerned, this Court grants a further extension of time to the applicant/ Contractor to complete the work by 31. 12. 2024.
It is made abundantly clear that if the construction of the road is not completed within the time granted by this Court, the Order dated 14. 06. 2024 passed by this Court shall be enforced against the applicant/Contractor making the applicant/Contractor liable for contempt. It is further made clear that if the work is not completed within the time stipulated by this Court, this Court shall also be constrained to direct enquiry/investigation by an independent agency as to why the road still remains incomplete, and the reasons/cause for the same and the persons/officials, if any, responsible for the same. The Executive Engineer, PWD (R&B), Phek Division, Phek, Nagaland, i. e. the respondent No. 5 shall monitor the construction of the road on a weekly basis and shall submit the Weekly Monitored Report before this Court through the learned Additional Page No. # 10/10 A. G. , in the form of an affidavit on the next date fixed.
The Engineer-in-Chief, NPWD, Nagaland, Kohima, shall also direct the Executive Engineer, PWD (R&B), Phek Division, Phek, Nagaland, to strictly monitor the work as directed by this Court in the order. List it again on 21. 01. 2025 as a fixed item. ” 3. Consequent to the Order passed by this Court, the learned counsel for the respondent No. 7 has filed the affidavit dated 10. 02. 2025 stating compliance of the Order dated 07. 08. 2024 and also enclosing the Completion Certificate which is reproduced as under:- “GOVERNMENT OF NAGALAND OFFICE OF THE EXECUTIVE ENGINEER PWD(R&B) PHEK DIVISION :: PHEK, NAGALAND. Page No. # 6/7 th NO. EE/PD/R&B/TC/CC/2023-24/ Dated Phek, the 20 January, 2025 COMPLETION CERTIFICATE Name of Work : 1. Construction of road from Lephory to Molhe (26Km) : 2. Construction of road from Akhen to Star Lake (15Km) This is to certified that the works mentioned above has been executed and completed as per the approved Revised Working Estimate.
It should be noted that the total length of the road was 41. 000 Km as per the approved DPRs sanctioned. However, the actual length for execution sums up to 38. 300 Km, after re-surveying and assessment for requisite items of works to provide road connectivity. The major items of works already executed was within the initial 22. 000 Kms and items of works to execute, encompassed in the Revised Working Estimate is confined in the later road length of 16. 300 Km, which has been executed and completed as per the approved revised Working Estimate. Sl. Total Cost Length Amount Amount Date of No. of Project of road received as utilized (₹ in Completion (Km) Lakhs) 1 2 3 4 6 7 2 ₹ 569. 27 38. 30 ₹569. 27 ₹ 3,224. 15 30. 12. 2024 3 ₹ 2,654. 88 ₹ 2,654. 88 Page No. # 7/7 (Er. VIKERHE VENYO) Executive Engineer PWD(R&B) Phek Division::Phek. ” 4. The learned counsel for the State respondents have also filed the affidavit dated 07. 02. 2025 stating compliance of the Order dated 07. 08.
2024 and also enclosing the Completion Certificate dated 20. 01. 2025. 5. In view of the affidavit submitted by the State respondents as well as the learned counsel for respondent No. 7, Mr. Sentiyanger, learned counsel for the petitioners submits that though the completion is not in terms of the original Work Order and the DPR but as the respondent No. 7 has completed the work in terms of the Revised Working Estimates dated December, 2023, he has no further grievance and the present PIL can be closed. 6. In view of the submissions made by the learned counsel for the petitioners and upon consideration of the Completion Certificate dated 20. 01. 2025, issued by the Executive Engineer, PWD (R&B), Phek Division, Phek, the PIL accordingly stands closed. 7. The connected I. A. (Civil)/107/2024 also accordingly stands disposed. JUDGE JUDGE Comparing Assistant
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