Page No.# 1/6 GAHC030003512025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/1/2025 MTOA (Mizoram Truck Owners Association) r/b B. Lalzarzova, President, MTOA Societies Registration Act, 1860 (Act No. XXI of 1860) bearing Regd No. SR-11 of 1983 VERSUS The State of Mizoram r/b the Chief Secretary and 7 Ors. Mizoram Secretariat, MINECO, Mizoram, Aizawl. 2:The Secretary Public Works. Dept. 3:The Engineer-in-Chief Public Works Dept. 4:The Chief Engineer (Roads) Public Works Dept. 5:The Chief Engineer (Highways) Public Works Dept. 6:The Secretary Ministry of Road Transport and Highways 7:The Executive Director National Highways and Infrastructure Development Corporation Ltd (NHIDCL) 8:The BRTF through the Chief Engineer Project Pushpa Page No.# 2/6 Advocate for the Petitioner : Ms. Rosalynn L Hmar Advocate for the Respondent : Addl. AG/GA, Mizoram for R1-5 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE BUDI HABUNG JUDGMENT / ORDER 28.07.2026 (M. Zothankhuma, J) 1. Heard Ms. Rosalynn L Hmar, learned counsel for the petitioner. Also heard Ms. Caroline K Lungawipuii, learned State Government Advocate and Ms. Zairemsangpuii, learned CGC for respondent no.6. Ms. Zodinpuii Chhakchhuak, learned counsel appears on behalf of Mr. Samuel Vanlalhriata Chhangte, learned counsel for the respondent no.7. 2. The present PIL pertains to the maintenance of four stretches of roads within the State of Mizoram i.e. (1) Aizawl-Kolasib-Silchar road via Durtlang (2) Aizawl-Kanhmun via Mamit (3) Lunglei-Tlabung road and (4) Lunglei-Chawngte road. In view of the very poor conditions of the roads mentioned above, this Court had asked for a Status Report with regard to the above four roads, keeping in view the fact that money had been sanctioned for restoration of the above said roads. 3. Pursuant to the directions passed by this Court, the State respondent nos.1 to 5 have filed an additional affidavit dated 21.07.2026, which is to the effect that the contract for the Aizawl-Kanhmun via Mamit has been awarded to Nidhi Creative Infrastructure Private Limited, having its address at 4th Floor, Kuntila Apartment, Ambicapatty, District-Cachar, Silchar-788004, Assam. As per Page No.# 3/6 the agreement made between the State and the said contractor, the expected time of completion is two years, i.e. 27.05.2028. It has also been stated that the contractor has already mobilized his assets towards the site and has started construction of permanent works such as, Gabion Wall, Retaining Wall and Culverts. 4. In respect of Lunglei-Chawngte road, the stretch between Lungle to Chhumkhum is under construction by NHIDCL, while the stretch between Chhumkhum to Chawngte is under Tlabung Division, PWD. It has also been stated that immediate patch repair works and maintenance works have been undertaken by the Tlabung Division as the road is in a bad condition, which is not being helped by the present monsoon. 5. The additional affidavit filed by the respondent no.7, Executive Director (P), NHIDCL provides in paragraph nos.2, 3, 4 & 5 of the said affidavit as follows : “2. That with regard to the current status of maintenance of the existing road stretch from Km 70 (Bilkhawthlir) to Km 95 (Kolasib) on NH-306/06, it is submitted that the work is being executed by M/s J. Infra-tech Limited under a Short-Term Maintenance Contract (STMC). The answering respondent respectfully submits the following details: Sl. No. Description Details 1. Name of the Contractor M/s J. Infra-tech Limited 2. Date of Agreement 30th June 2025 3. Date of commencement 7th July 2025 4. Schedule date of competition 6th July 2026 5. Project Length 25.00 km Page No.# 4/6 6. Contract price Rs.29,86,15,940/- (inclusive GST) a) At present, the progress of the works is as follows : Physical Progress : 73% Financial Progress : 33% b) All critical sections within the project stretch have been repaired as on date, and traffic is moving smoothly. The balance Bituminous Concrete (BC) works covering approximately 11 km out of the total 25 km project length are presently in progress and are expected to be completed shortly. c) Certain locations within the project stretch have been identified as seepage-prone areas, which are susceptible to frequent damage. In order to provide a more durable and long-term solution, it is proposed to treat such locations with Dry Lean Concrete (DLC) and Pavement Quality Concrete (PQC), subject to approval of the change of Scope under the existing EPC Contract. 3. That with regard to the current status of the construction of a 2-lane highway with hard shoulder configuration from Lunglei to Chhumkhum from Design Chainage km 0.000 to km 37.420 of NH-302 (Package-A), it is submitted that the work is being executed by M/s SRK Constructions and Projects Pvt. Ltd. through M/s BRN Infrastructures Pvt. Ltd. on Engineering, Procurement and Constructions (EPC) mode. The answering respondent respectfully submits the following details: Sl. No. Description Details 1. Name of the Contractor M/s SRK Constructions and Projects Pvt. Ltd through M/s BRN Infrastructures Pvt. Ltd. 2. Date of Agreement 01.06.2021 3. Date of commencement 30.06.2021 4. Schedule date of competition 30.12.2022. Extension of time in process till Page No.# 5/6 30.11.2026 5. Project Length 37.420 kms 6. Contract price Rs.404.592 Crore (exclusive GST) At present, the progress of the works is as follows : Physical Progress : 73.82% Financial Progress : 71.04% 4. That with regard to the current status of Construction of 2-laning with hard shoulder configuration of Chhumkhum to Tlabung from Design Chainage km 37.420 to km 74.950 of NH-302 (Pkg-B), the work is being carried out of by M/s SRK Constructions and Projects Pvt. Ltd. through M/s BRN Infrastructures Pvt. Ltd. on EPC mode and the answering would like to submit the following details: Sl. No. Description Details 1. Name of the Contractor M/s SRK Constructions and Projects Pvt. Ltd through M/s BRN Infrastructures Pvt. Ltd. 2. Date of Agreement 01.06.2021 3. Date of commencement 10.07.2021 4. Schedule date of competition 09.01.2023. Extension of time in process till 31.12.2026 5. Project Length 37.53 kms 6. Contract price Rs.435.39 Crore (exclusive GST) At present, the progress of the works is as follows : Physical Progress : 69.77% Page No.# 6/6 Financial Progress : 65.05% 5. That the majority of the road construction works within the project stretch have been completed, including the laying of blacktopping in substantial portions thereof. Approximately 4 km of the project stretch remains to be completed owing to fresh claims raised by certain affected persons, which include issues relating to land acquisition involving a 1.3 km stretch of land belonging to the Assam Rifles. Further, two major bridges, namely Phairuangkai Bridge and Chauchi Bridge, form part of the project and constitute a substantial portion of the remaining physical progress. It is submitted that foundation works for both bridges have commenced and construction activities are presently in progress” 4. On considering the fact that works have been undertaken by the respondents in respect of the 4 major roads in the State of Mizoram, we are of the view that it would not be of any use to keep the present PIL pending any longer. We however hope that the authorities monitor the contractors, so that the works are done well and within the stipulated time. 5. PIL is accordingly closed. JUDGE JUDGE Comparing Assistant