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Synopsis

The Bombay High Court on Wednesday said that any deviation in the timeline concerning the construction of the Mumbai-Goa Highway will be viewed seriously by the court and will amount to contempt of court.

"We dispose of the writ petition that the entire stretch shall be complete in all aspects including road widening and repairs by 31 December 2024. This direction is based on the assurance of the state government, NHAI and the State Government Work Department. Any deviation in the form of any delay in time line may be viewed by the court seriously which may amount to contempt," the court said.

The division bench of the high court, comprising Chief Justice Devendra Upadhyaya and Justice Arif Doctor, was hearing a Public Interest Litigation (PIL) filed against the time being taken by the NHAI to complete the reconstruction and extension of the Mumbai-Goa Highway.

The construction and repair work of the NH-66 was initially to be completed by December 2020, but the authorities sought an extension until 2022.

After the work could not be completed by the previously extended deadline of December 31, 2023, an additional extension was sought today until December 31, 2024.

The division bench granted an extension to the authorities and disposed of the petition while emphasizing that delays in infrastructure projects cause difficulty to people using the road and come as a burden on the state exchequer.

"Delay in such infrastructure projects not only causes in numerous difficulties to the population which uses road but ultimately comes as a burden on the state exchequer. Any delay in such projects necessarily entails every rising construction cost which is ultimately borne by the public at large," the court said.

The counsel appearing for the NHAI informed the bench that it would complete constructing Package 1 by May 2024 and Package 2 by December 2024. 

The Government Pleader informed the bench that all the 10 packages, which are part of the state government, would be completed by December 2024.

Earlier in July 2023 a division bench of the high court headed by Acting Chief Justice Nitin Jamdar imposed a cost of Rs. 50000 on the National Highway Authority of India and the State Government for breach of their undertaking for construction of Mumbai Goa highway till 2020. 

Earlier the division bench headed by Chief Justice Dipankar Datta pulled up the National Highway Authority of India for not taking ‘seriously’ the issue of potholes on the Mumbai Goa Highway (NH 66).

The division bench, headed by Chief Justice Devendra Upadhyaya, disposed of the PIL and allowed the petitioner, Advocate Owais Pechkar, to move a contempt petition if the authorities failed to adhere to the extended deadline.

Case title: Owais Pechkar vs UOI & Ors