Following a show-cause notice served by SDM Khanna Swati Tiwana and recommendation for an FIR against the National Highway Authority of India (NHAI) over the death of a resident due to a damaged road, the NHAI project director has written to the SSP Khanna seeking legal action as per applicable provisions of law against the contractor.The letter has been written by NHAI Project Director Priyanka Meena. In the letter, Meena stated that a fatal road accident took place on August 6 in which Amarjit Singh of Ratanheri village lost his life on the national highway falling under the jurisdiction of NHAI PIU Ludhiana.The accident occurred after the vehicle of the deceased reportedly lost control due to a large and deep pothole on the carriageway, resulting in the vehicle overturning on the road and subsequently being run over by a truck coming from behind.Khanna SDM had also asked NHAI to explain responsibility for the alleged negligence and had directed that appropriate action be taken in the matter.The project director explained that the road was being maintained by the O&M contractor, M/s AS Patel, in accordance with the applicable contractual provisions.“The contractor has been repeatedly instructed by this office from time to time to ensure proper and timely routine maintenance of the highway, rectification of potholes/road defects and maintenance of the carriageway in a safe and motorable condition. The contractor was also specifically and repeatedly directed to undertake intensified inspection, patrolling and prompt rectification of road defects during the monsoon season, keeping in view the increased possibility of potholes and other pavement deficiencies during this period,” Meena said in the communique to SSP Khanna.She added, “Despite the aforesaid repeated instructions and directions, the requisite maintenance and corrective measures were not carried out by the contractor with due diligence. The presence of the defective/potholed portion at the accident location and the consequent fatal accident indicate a serious lapse on the part of the agency entrusted with the operation and maintenance of the said highway stretch, particularly in discharge of its routine maintenance, inspection and road safety obligations.”The project director informed that, in view of the deficiencies/lapses observed in discharge of the contractual maintenance obligations, her office has already imposed a penalty of Rs 75 lakh upon M/s AS Patel in connection with the present incident. Further, penalties have also been imposed upon the contractor on earlier occasions for deficiencies and non-compliance with stipulated maintenance and safety requirements.“In view of the above, it is evident that the concerned O&M contractor had been adequately sensitised and repeatedly directed by NHAI to ensure proper maintenance, regular inspection and immediate rectification of potholes/defects on the highway. However, failure to discharge the assigned maintenance obligations has resulted in a serious road safety incident culminating in the unfortunate loss of human life,” the NHAI official said.“The matter is, therefore, being brought to the kind notice of your office for initiation of such legal action as may be deemed appropriate under the applicable provisions of law against the concerned contractor responsible for the negligence/lapse. NHAI is fully committed to ensuring the safety and convenience of road users and takes matters concerning road safety and loss of human life with utmost seriousness,” Meena said in her letter to the SSP, a copy of which is with The Tribune.