Tali Umbey and 8 Ors v. The State of Ap and 6 Ors

ORDER Date : 28-07-2023 Heard Mr. Sunil Mow, learned counsel for the petitioners. Also heard Ms. Tsering Wangmu, learned Government Advocate, appearing on behalf of respondents No. 1 to 5; and Mr. Gallen Taloh, learned counsel, appearing on behalf of respondent No. 6. This writ petition has been filed, seeking a direction to the respondents to complete the construction of a steel composite bridge over river Sissar(Sissiri) at 14.00 Page No.# 3/4 KM on Dambuk-Paglam road, Lower Dibang Valley District, Arunachal Pradesh, without further delay. Also prayed for is a direction to the respondents for completion of the project within the stipulated time-frame as per the contract agreement so as to mitigate the sorry plight of the villagers of Bizari, Anpum, Loklung, Dunabari, Keba Tinali, Banggo and Paglam, with a population of 8000 to 9000 inhabitants. Though the petitioners have prayed for early completion of the steel composite bridge over river Sissar(Sissiri) at 14.00 KM on Dambuk to Paglam road, Lower Dibang Valley District, Arunachal Pradesh, as per the time stipulated in the contract agreement, the relevant contract agreement has not been enclosed in the writ petition. It appears that the respondent No. 6 was awarded the aforesaid work vide letter, dated 25.11.2021, issued by the Executive Engineer, Roing Division, Public Works Department, Government of Arunachal Pradesh, under Memo. No. RD/DRG-53/2021-22/2168-72, pursuant to a Notice Inviting e-Tender, dated 14.09.2021, issued by the Executive Engineer, Roing Division, Public Works Department, Government of Arunachal Pradesh, under Memo. No. RD/DRG-53/2021-22/1660-65. Though the contract agreement entered between the parties, is not enclosed by the petitioner in the writ petition; Mr. Taloh, learned counsel for Respondent No. 6, submits that time-frame stipulated in the contract agreement for completion of the project, in question, is December, 2023. In that view of the matter, it is expected that the Respondent No. 6 will abide by the time-frame prescribed in the contract agreement for completion of the project i.e. steel composite bridge over river Sissar(Sissiri) at 14.00 KM on Dambuk to Paglam road, Lower Dibang Valley District, Arunachal Pradesh. In the event, the Respondent No. 6 does not complete the aforesaid project within the stipulated time-frame i.e. December, 2023, as stated by Mr. Taloh, learned Page No.# 4/4 counsel for Respondent No. 6; the petitioners will have the right to take recourse to the appropriate remedies that may be available to them under the law. With the above observations, the writ petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/4 GAHC040010252022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/295/2022 1:Tali Umbey and 8 Ors. S/o Atudu Umbeym Resident of Village Bizari, PO/PS Dambuk, Lower Dibang Valley District, 792110 A.P. 2: Lanji Mena S/o Angore Mena Resident of Village Bizari PO/PS Dambuk Lower Dibang Valley District 792110 A.P 3: Elo Mikhu D/o Yume Mikhu Resident of Village Bizari PO/PS Dambuk Lower Dibang Valley District 792110 A.P 4: Wuji Mena S/o Gogoi Mena Resident of Village Bizari PO/PS Dambuk Lower Dibang Valley District 792110 A.P 5: Dugu Umbey S/o Latera Umbey, Resident of Village Bizari PO/PS Dambuk Lower Dibang Valley District 792110 AP 6: Lohi Linggi S/o Nogor Linggi Resident of Village Bizari PO/PS Dambuk Lower Dibang Valley District 792110 A.P 7: Kulu Linggi S/o Agesha Linggi Resident of Village Bizari PO/PS Dambuk Lower Dibang Valley District 792110 AP 8: Wunji Mena S/o Angore Mena Resident of Village Bizari PO/PS Dambuk Lower Dibang Valley District 792110 A.P 9: Lazo Mena S/o Late Barem Mena Resident of Village Bizari PO/PS Dambuk Lower Dibang Valley District 792110 A.P VERSUS Page No.# 2/4 1:THE STATE OF AP and 6 Ors. Represented by Chief Secretary, Govt. of Arunachal Pradesh, Civil Secretariat. 2:The Chief Engineer Eastern Zone (EZ) Public Works Department (PWD) Govt. of AP Mowb II Itanagar Papum Pare Dist. AP 3:The Deputy Commissioner Roing Lower Dibang Valley Arunachal Pradesh. 4:The Superintending Engineer (SE) Tezu Circle PWD PO/PS Tezu Anjaw District AP 5:The Executive Engineer PWD Roing Division PO/PS Roing Lower Dibang Valley Dist. AP 6:M/s Kooje Janggo Enterprise. Prop Shri Mibom Pertin Bolung Village PO/PS Roing Lower Dibang Valley Dist. Arunachal Pradesh. Mobile No. 9862852477 7:M/s Asean Agencies Asean Vista C Sector PO/PS Itanagar Papum Pare Dist. 791111 A.P Advocate for the Petitioner : Sunil Mow, Ebo Mili, Chanya Bangsia, Madan Mili, Kuku Miyu, Sonam Tsomo, K. N. Maling, T Siga. Advocate for the Respondent : GA (AP), H. K. Jamoh, M Pertin, G Taloh BEFORE HONBLE MR. JUSTICE NANI TAGIA