The Rajasthan High Court disposed of a Public Interest Litigation (PIL) filed by the petitioner-Nagaur Vyapar Mandal Sansthan complaining therein that the respondent-PWD is not completing the construction work of the Railway Over Bridge (ROB) situated on National Highway No.89 in the city of Nagaur, though the construction work of the said ROB got started in the year 2017.
The Division Bench of Justice Vijay Bishnoi and Justice Yogendra Kumar Purohit noted that the High Court, after issuing notices to the respondents, has issued various directions to the respondents for the purpose of completion of work of the ROB however, when the contractor, to whom, contract of construction work of the ROB was awarded, has failed to complete the construction work, then, after terminating his contract, the respondent-PWD had issued a fresh tender and after completion of proceedings in pursuance to the said tender, contract for construction work of the ROB has been awarded to a new contractor pursuant to the NIT dated 17.7.2023.
Karan Singh Rajpurohit, learned AAG has filed an additional affidavit of the Executive Engineer, PWD NH Division, Nagaur, wherein it is mentioned that the work order has already been issued to the concerned contractor on 20.9.2023. Learned AAG has also submitted that as per the terms of the contract, the contractor concerned is required to complete the construction work of the ROB within a period of nine months including rainy period.
AAG has also submitted that the construction work of the ROB has been started and in support of it, certain photographs have been annexed with the additional affidavit.
The counsel for the petitioner has submitted that the respondents may be directed to complete the construction work of the ROB within time. He, thus, prayed that this writ petition may be kept pending for effective monitoring.
Having heard ounsel for the parties and after going through the material available on record, particularly taking into consideration the fact that the contract for construction work of the ROB has already been awarded to a new contractor and as per the terms of the contract, he is required to complete the construction work of the ROB within a period of nine months and as the construction work has already been started, the Bench do not find any reason to continue with the petition (PIL).
However, the Bench directed the respondents to ensure that the construction work of the ROB in question be completed within time period.
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