The Gauhati High Court has directed the Government Advocate to ensure that the additional affidavit to be filed by the State respondents shall specifically address the issue raised by the Court with regard to the life expectancy of the road.
The Aizawl Bench of Justice Michael Zothankhuma and Justice Marli Vankung heard a Public Interest Litigation (PIL) seeking quick redressal, repair and maintenance of the roads within Lunglei town area and Aizawl-Thenzawl-Lunglei road (ATL road).
The petitioner has prayed for a direction to the respondents to undertake repair works of the road covered by the Defect Liability Period.
The Court directed that the Government Advocate shall obtain instructions as to what is meant by retention money.
“The Government Advocate shall also obtain instructions as to the amount of retention money apparently used by the PWD for repairing the road and the amount of retention money that is still lying unused with the Department. She shall also obtain instructions as to whether the entire road, which is the subject matter in issue in the present case, has been repaired. If not, the percentage of the road repairing work that has been completed should be obtained by the learned Government Advocate.”
Further the Court directed that the Government Advocate shall also obtain instructions as to whether the performance guarantee can be utilized by the State for repairing the road in question.
The issue pertains to the used of public money and if the standard specifications made by the competent authority for construction of the road has not been followed by the Contractor, the steps to be taken by the Department against the Contractor, which may include filing of an FIR, should be informed to the Court by the Government Advocate , the Court ordered.