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Tongmajangsa Gewog centre road remains incomplete amid legal dispute

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The people of Tongmajangsa Gewog in Trashi Yangtse are still waiting for their gewog centre road to be blacktopped. Although part of the work was completed in 2023, the road remains unfinished. A dispute between the contractor and the district administration stalled the project, taking the case from arbitration to the Supreme Court.

The project was awarded to a contractor in 2021. Funded by the erstwhile Kholongchu Hydroelectric Project and initiated by the Trashi Yangtse District Administration, the works were worth over Nu 105 M and divided into two packages.

Widening, laying of base course, drainage and wall construction of the 13-kilometre road were completed in 2023.

But the blacktopping work is still pending. Without it, the completed structures and drains are already getting damaged, leaving the residents frustrated.

“If there is a blacktopped road, we can reach it easily. Here, the road is bumpy with a lot of potholes, which takes a lot of time. The road is dusty, so when we close the window, it is too hot nowadays, and when we open it, dusts get inside the vehicle,” said Tshoki, a resident, Tongmajangsa Gewog, Trashi Yangtse.

“When the road is bad, we have to do maintenance frequently. Now, with prices of commodities increasing, even a small screw costs Nu 30-50. When we ask for fare from our passengers, they feel that we are charging more,” said Ugyen Tshering, another resident, Tongmajangsa Gewog, Trashi Yangtse.

“When our children travel to school, they get covered in dust, and even their shoes become dirty. Adults also face the same problem. The dust is also affecting our homes and even drying up our fruit trees,” said Naki, also a resident, Tongmajangsa Gewog, Trashi Yangtse.

The project was initially set to finish by the end of 2021.

However, due to the pandemic and the non-receipt of funds from the Kholongchu project, the district administration granted a time extension, pushing the completion deadline to the end of 2022.

Four years on, the road project has not seen any progress.

District officials said the blacktopping work could not be carried out after the contractor asked the district administration to terminate the contract citing the district was unable to release the funds after the Kholongchu project came to a halt.

However, the district administration said that it cannot accept the termination request since 70 per cent of the payment had already been done.

The contractor then approached the Alternative Dispute Resolution Centre. In January last year, the centre directed the district to pay over Nu 37 M in unpaid bills, including interest and adjusted pricing, and ordered the contractor to resume work.

The contractor also requested additional payment to cover differential costs, remobilisation, and rectification. However, the district agreed only to the differential cost, saying the contract was never officially terminated.

The district court enforced the centre’s decision in March this year. Dissatisfied, the contractor appealed to the Supreme Court.

The Supreme Court upheld the Alternative Dispute Resolution Centre’s decision and ordered the contractor to resume works from the start of this month, with a six-month completion timeline.

The contractor says he remains unsatisfied and plans to reappeal to the Supreme Court next week.

As the legal battle drags on, more than 400 households in Tongmajangsa Gewog continue to wait for a road that was promised to them years ago.

Sonam Darjay, Trashi Yangtse

Edited by Kipchu

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