Complete western bypass within stipulated time: HC to Govt

Team Herald

PANJIM: The High Court of Bombay at Goa has asked the State government to ensure the balance stretch of western bypass is completed within the stipulated time frame in October 2022. 

Division Bench of Justice M S Sonak and Justice R N Laddha observed that the work is “unduly delayed” and that works should complete within the time period as prescribed by the government itself, while it heard miscellaneous civil application seeking to revise/modify the scope of the work in relation to the 2.75 kms stretch by including an elevated construction (stilts) for the portion of 0.98 kms. 

“Accordingly, we see no difficulty in allowing this application. However, we are quite concerned about the works being completed expeditiously. As it is, this project has been unduly delayed. In terms of the work order issued to the contractors, the work on this balance stretch of 2.75 kms is to be completed by October 2022. The State should now ensure that this timeline is adhered to and observed by its contractor as far as possible,” the order states. 

“Therefore, if the modification is to be permitted, the State government should also require the contractor to complete the work within the schedule prescribed, if necessary, by employing an additional workforce and machinery so that the project is not delayed again. Furthermore, suppose the existing contractor expresses the usual difficulties in completing the work. In that case, the government should seriously consider whether the contractor should be replaced so that the project is not once again delayed,” the court said disposing off the MCA.

The High Court, in Public Interest Litigation (Suo Motu), made several orders from time to time monitoring the progress of completion of the western bypass project to decongest the traffic through the town of Margao. The work to the extent of 8.75 kms is already complete, and this portion is presently operational. However, the work of approximately 2.75 kms is still pending. 

The NGT, by order dated June 22, 2021 constituted a 10-member joint committee to look into this issue and come up with some solutions. 

The order was however made without notice to the State of Goa. After notice, the State of Goa pointed out to the NGT about the pendency of the Public Interest Litigation (Suo Motu). Therefore, the NGT made an order dated November 10, 2021 deferring the proceedings before it. However, the Counsel for the State of Goa was requested to appraise this Court about the pendency of the Original Application before the NGT.

The 10-member committee recommended one of the alternatives involving a modified approach with a 0.98 km elevated structure which will lead to an increase in the cost of the project from the present estimated cost of Rs 148.41 crore to 218.94 crore approximately, but this will avoid filling of the water body and part diversion of the river.