MLA and Advisor, Department of Agriculture, Mhathung Yanthan has urged the Engineer-in-Chief, NPWD and Empowered Officer, NGRRDA, Nagaland, to initiate termination proceedings against M/s North East Enterprises for its continued failure to undertake maintenance and rectification works on the Sanis-Lakhuti PMGSY-II Road (Package No. NG-07-03-A008).
In a letter to the Engineer-in-Chief, Yanthan expressed serious concern over the contractor’s failure to discharge its contractual obligations despite repeated instructions and directions issued by the Department at various levels.
Referring to his earlier DO Note dated August 1, 2026, Yanthan stated that the condition of the road had deteriorated considerably, with extensive damage causing serious inconvenience and safety risks to commuters.
He also cited a joint site inspection conducted on August 10 by concerned departmental officials in the presence of the contractor’s representative, which documented heavily clogged side drains, landslides and slips, raised earthen shoulders, huge potholes and damaged bituminous wearing surfaces.
Yanthan stated that despite the joint inspection findings and subsequent directions from the Engineer-in-Chief, Superintending Engineer and Executive Engineer, PWD (R&B), Baghty Division, the contractor had failed to commence the required rectification works. The Executive Engineer had specifically directed the contractor to start the works immediately and complete them by September 30, 2026.
He said the contractor’s continued non-compliance, even after repeated departmental interventions and expiry of the stipulated deadline, was a matter of serious concern and could not be allowed to continue indefinitely.
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Citing the contractual provisions, Yanthan pointed out that Clause 32 of the Standard Bidding Document (SBD) obligated the contractor to undertake routine maintenance and rectify defects throughout the Defect Liability Period (DLP). He also referred to Clause 33, relating to execution of outstanding maintenance works at the contractor’s risk and cost, and Clauses 52/53 of the General Conditions of Contract (GCC), which provide for termination under applicable circumstances.
In view of the repeated defaults, Yanthan urged the Engineer-in-Chief to initiate appropriate contractual proceedings for termination of the contract in accordance with the relevant provisions of the agreement and after following due process.
He further called for necessary steps to execute the pending maintenance and rectification works departmentally or through an alternative agency at the risk and cost of the defaulting contractor, wherever permissible under the contract, including recovery of expenditure and other admissible charges.
Yanthan also requested the concerned officers to assess and document the extent of the contractor’s non-performance, take appropriate action regarding performance security and other contractual recoveries, wherever warranted, and ensure that the road was restored to a safe and motorable condition without further delay.
Stating that the matter had been brought to the Department’s attention on several occasions, he said the contractor’s continued inaction was leading to further deterioration of public infrastructure and causing undue hardship to residents of the area. He sought the Engineer-in-Chief’s personal intervention to ensure early action in the larger public interest.
