‘Unless Prevented by Act of God’: HC directs NHIDCL on NH-2 Kohima-Mao completion deadline

Morung Express News
Dimapur | April 5

The Gauhati High Court Kohima Bench (GHCKB) has directed the National Highways and Infrastructure Development Corporation Ltd (NHIDCL) to submit an affidavit affirming that the remaining stretch of the National Highway-2 (NH-2) Kohima-Mao Road project will be completed by May 31, “unless prevented by Act of God.”

The Deputy General Manager of NHIDCL was directed to file the undertaking within seven days from April 3, after he submitted before the Court that the remaining work would be completed by May 31 and the entire stretch would be in good motorable condition.

The direction from the GHCKB Division Bench comprising Justice Devashis Baruah and Justice Budi Habung came during a suo motu Public Interest Litigation (PIL) hearing on April 3, as the Court expressed concern over the prolonged delay in completing the Kohima-Mao Road project.

The project covers a distance of 26.7 kilometres from Lerie Gate to Mao Gate.

During the hearing, the Bench noted that more than three years have passed and, despite various directions being issued, the road is yet to be completed.

“The agony faced by the people travelling from Kohima to Mao and further beyond still persists,” it observed, adding that the Court has passed various orders to ensure that the NHIDCL, which is the authority responsible for the maintenance of the road, can carry out the work without much difficulty.

The Amicus Curiae informed the Court that 26% of the road is still incomplete.

The counsel for the contractor submitted that while short-term maintenance works were already completed and are currently under a defect liability period, a fresh work order has been issued for the remaining 26% of the project, with a target completion date of May 31, 2025.

To this end, underscoring accountability, the Division Bench reminded NHIDCL of its responsibility to responsibility to ensure that the work is completed within the assured period as submitted before the Court. 

The Court also noted NHIDCL’s authority to take action under contractual obligations should the contractor fail to meet the deadline.
Setting May 31 as the completion deadline, the Court listed the matter for the next hearing on June 4 for further updates.