STATE OF KERALA AND ORS. Vs. RDS PROJECT LIMITED AND ORS.
SUPREME COURT OF INDIA
STATE OF KERALA And ORS.
Rds Project Limited And Ors.
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(2.)Heard Mr. K.K. Venugopal, learned Attorney General for India appearing on behalf of the State of Kerala, Dr. Abhishek Manu
Singhvi, learned Senior Counsel for the Respondent No.1, Mr.
Gopal Sankaranarayanan, learned Senior Counsel for the
Respondent No.3, Mr. Jaideep Gupta, learned Senior Counsel for
the Respondent No.2, Mr. Rana Mukherjee, learned Senior Counsel
for the Respondent No. 9 and Mr. V. Giri, learned Senior Counsel
for the Respondent Nos. 4 & 5. The impugned High Court judgment
dealt with a project called the Palarivattom Flyover on the National
Highway, Cochin City, State of Kerala. This was constructed by
Respondent No.1 and inaugurated on 12.10.2016. However, after
one year of this Flyover being used, the Consultancy Agency for the
Ministry of Road Transport and Highways, Government of India, on
regular inspection of the bridge, reported on 16.03.2018 that the
bridge was in a distressed condition with several cracks as a result
of which measures should be taken to rehabilitate the flyover. The
IIT, Madras, was thereafter appointed as an expert agency which
delivered several reports in which, according to it, the bridge could
follow a carbon fibre fabric composite treatment and be repaired
instead of being demolished. Meanwhile, Dr. E. Sreedharan
submitted a report to the Chief Minister of Kerala on 03.07.2019 in
which he recommended the strengthening and replacement of RCC
girders with PSC girders to ensure durability which would
necessitate a demolition and re-construction of the bridge. Dr. E.
Sreedharan, by a report dated 14.09.2019, referred to the IIT
reports and did not agree with the same, stating that if his plan was
to be carried out, a 100 year guarantee would be given for the
newly constructed flyover.
(3.)Given these divergent streams of opinion, the State Government then set up a High Level Committee consisting of five persons who
are as follows:-
1. Sri Ashok Kumar M. (Convenor) Chief Engineer, National Highways, Public Works Department Thiruvananthapuram
2. Sri S.Mano Mohan (Member) Chief Engineer, Bridges, Public Works Department Thiruvananthapuram
3. Sri M.N. Jeevaraj (Member) Chief Engineer (Rtd.), Public Works Department Thiruvananthapuram
4. Sri S. Saju (Member) Senior Bridge Engineer, Public Works Department Thiruvananthapuram
5. Sri S.M. Ashraf (Member) Senior Structural Engineer, Public Works Department Thiruvananthapuram
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