Nagpur: Taking serious note of extended public sufferings due to continued delay in widening of Nagpur-Katol highway, Nagpur bench of Bombay high court on Friday decided to examine whether persistent inconvenience caused to the public attracts legal consequences under Motor Vehicles Act.
The project, stalled for over a year and a half now, has left commuters facing hardships for nearly five years.
A division bench of Justices Nitin Sambre and Vrushali Joshi was hearing a PIL (No. 27/2025) filed by Dinesh Thakre and another petitioner against Union of India, National Highways Authority of India (NHAI), and others, including two private contractors involved in the incomplete four-laning of the 49.9-km stretch.
According to the petition, NHAI awarded the contract in September 2021 to Agarwal Global Infrastructure and Joint Stock Company Industrial Association. The project was originally due for completion by October 28, 2023. However, citing concerns over environmental clearance related to a wildlife corridor, the contractors halted work, which has not resumed since.
The court noted that there was no formal embargo from the forest department preventing work. It observed lapses both on the part of NHAI and the contractors, who failed to complete the project in time and has not filed a reply despite being served notice. NHAI, however, submitted that all required permissions were received by September 28, 2023, and the contractors were offered opportunity to resume work, which they did not act upon.
Though the court considered the petitioners' request — supported by NHAI counsel — for imposing exemplary costs on the contractors, it deferred the decision after the contractors' lawyer sought time to file reply by May 5.
Earlier on April 23, the high court had imposed a cost of ₹5,000 each on urban development department, public works department, principal chief conservator of forests, deputy conservator of forests, and range forest officer for failing to submit their responses. On Friday, the court recalled that cost order for respondents 3 to 7 after reviewing their explanations.
The bench also directed govt pleader and senior advocate Deven Chauhan to assist in examining whether the prolonged failure to execute contractual obligations amounts to a legal offence, especially in view of the extended public sufferings. The matter is now scheduled for further hearing on May 6.