Meghalaya: Contractors responsible for repair work if road is damaged within specified time after completion, says High Court

The Meghalaya High Court on November 18 directed the state government to hold contractors liable to carry out the repair works of roads if a road is damaged within a specified time.

“Indeed, the State would do well to seek a kind of warranty so that the contractors are liable to carry out the repair work if a road appears damaged or gives way within a specified time after the completion of its construction,” the Division Bench said while hearing a PIL filed by AH Hazarika with regards to the construction of the Agia-Mendhipara-Phulbari-Tura (AMPT) Road.

The bench also directed the Supervising Engineer of PWD (Roads) to oversee the construction of such stretch to ensure that the standard as required of the contractor is maintained such that there is no deterioration in the condition of the road shortly after the completion of construction.

As per the report filed by the state, it appears that sufficient progress has been made as at least a 33 km stretch has been completed and work is in full swing in the rest of the stretches.

The petitioner had complained of a 41 km stretch out of which the petitioner accepts that work on a stretch of 33 km has been satisfactorily completed.

The petitioner, however, complained that the work on the remaining part of the 41 km stretch has been awarded to six different contractors and, in any event, the work undertaken by the contractors is sub-standard.

The petitioner also apprehended that within a month or so after the purported completion, the road may subside and the blacktopping may no longer be in existence. 
Over several short stretches of the AMPT Road, a number of contractors have been engaged.

In response, the State said that this has been done to expedite the work, particularly since local contractors may not have the resources to undertake work on larger stretches and complete the same within a short time.

As to the quality of construction in the 9 km stretch of the 41 km road that the petitioner complains of, the statement appended to the latest report filed reveals that the work entrusted is the usual as would be in respect of the construction or repair of any road.

The next hearing is scheduled to be held on February 20, 2023.