STATE OF KERALA AND ORS. Vs. RDS PROJECT LIMITED AND ORS.
LAWS(SC)-2020-9-46
SUPREME COURT OF INDIA
Decided on September 22,2020

STATE OF KERALA And ORS. Appellant
VERSUS
Rds Project Limited And Ors. Respondents


Cited Judgements :-

HARSHIDABEN VASUDEVBHAI NAYAK VS. STATE OF GUJARAT [LAWS(GJH)-2021-2-76] [REFERRED TO]
KANTHA VIBHAG YUVA KOLI SAMAJ PARIVARTAN TRUST VS. STATE OF GUJARAT [LAWS(SC)-2022-1-104] [REFERRED TO]


JUDGEMENT

R.F.NARIMAN,J. - (1.)Leave granted.
(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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