Court Implements Strict Deadlines for Maintenance Contracts and Slope Protection Measures, Impleads New Contractor to Ensure Timely Completion
In a significant public interest litigation (PIL) concerning the deteriorating condition of road infrastructure in Nagaland, the Gauhati High Court (Division Bench, Kohima) on September 9, 2026, expressed strong displeasure over the poor progress and inefficiency in the maintenance and construction of critical road stretches under Packages I, II, and III. The Court took suo motu cognizance of the deplorable condition of roads, which have severely inconvenienced commuters and hindered smooth transportation in the region.
The PIL, initiated in the interest of the public, revealed widespread delays and substandard progress in road repair works managed by various contractors and public authorities. Senior Advocate Mr. Taka Masa, appointed as Amicus Curiae, presented the Court with detailed inspections and affidavits highlighting the urgent need for corrective action.
Regarding Package-I, the Court was informed that short-term maintenance efforts, including road repairs, drain clearance, and slide removal, were underway through a Short Term Maintenance Contract (STMC). However, approximately 4 kilometers out of the 14.935 km stretch faced persistent motorability issues requiring permanent reconstruction. The Court noted that a Performance Based Maintenance Contract (PBMC) was signed on August 31, 2026, with M/s Trinity Group mobilizing on site to undertake five years of maintenance and reconstruction work. Given this development, the Court formally impleaded M/s Trinity Group as party respondent No. 22 in the PIL to ensure accountability and progress monitoring.
The Court also expressed concern over Package-II, where the original EPC contractor was found unresponsive despite repeated notices. The Public Works Department (PWD) prepared an estimate to carry out maintenance at the contractor's risk and cost, with the tendering process for new maintenance works expected to be expedited and completed within September 2026. The Court emphasized the need to accelerate this process for the benefit of commuters and stakeholders.
Package-III showed better progress, with 90% physical completion reported as of early September 2026. However, the Court noted the remaining miscellaneous and rectification works must be completed by the end of September 2026, as targeted by the authorities.
A critical issue addressed was the delay in slope protection measures essential for ensuring the structural safety of the highways, especially during the monsoon season. The Detailed Project Report (DPR) for slope protection across all packages was delayed due to pending peer review and consultant approvals. The Court directed all stakeholders, including the National Highways and Infrastructure Development Corporation Limited (NHIDCL), to expedite the DPR finalization, land acquisition, and tendering processes. It underscored the September to March window as the optimal period for construction activities in Nagaland, pressing for swift action to avoid further delays.
The Court was particularly dissatisfied with the progress on the stretch from Lerie Welcome Gate to Jotsoma Bypass, where as of September 1, 2026, physical work stood at a mere 54.18%, despite higher financial disbursements. The Chief Engineer of PWD and the contractor (respondent No. 21) were personally present and directed to improve their performance. A show-cause notice was issued to the contractor for inefficiency, and the Court demanded an explanation for the lack of progress. The Court noted that potholes had become so severe that even the local public had taken the initiative to fill them to make the roads passable. The contractor undertook to fill all potholes by September 30, 2026, with the PWD required to inspect and report on this progress.
The Court's orders reflect a determined effort to hold public authorities and contractors accountable, ensuring that the vital road infrastructure in Nagaland receives the attention and maintenance it urgently requires. The case has been listed for further hearing on October 7, 2026, with strict directions for filing compliance affidavits beforehand.
Bottom Line:
Public Interest Litigation (PIL) concerning the maintenance and construction of road infrastructure in Nagaland, including issues with physical progress, contractor's inefficiency, and delays in slope protection measures and land acquisition processes.
Statutory provision(s):
Public Interest Litigation.
In re: Kohima v. Union of India, (Gauhati)(DB)(Kohima) : Law Finder Doc Id # 2979227
