Disposed

Changanacherry Boat Jetty Vikasana Samithy (Cbjvs) v. Secretary to Government (Deleted)

Kerala HC24 Nov 2020WP(C)/13496/2020

Case brief

AI extract

What is this about?

In this PIL, the petitioner sought demolition and reconstruction of the KC Bridge to facilitate boat traffic and rescue operations during floods. The Court found the proposal was already under consideration but lacked sanctions. It directed the authorities to decide on the pending proposal within two months.

What did the court decide?

Direction to the impleaded additional respondent to consider the pending proposal for administrative sanction of the KC Bridge reconstruction within two months.

Changanacherry Boat Jetty Vikasana… — Constitutional and Fundamental Rights | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 24TH DAY OF NOVEMBER 2020 / 3RD AGRAHAYANA, 1942

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WP(C).No.13496 OF 2020(S)

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PETITIONER:

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CHANGANACHERRY BOAT JETTY VIKASANA SAMITHY (CBJVS) BUILDING NO.379, PATHALIL HOUSE, WARD NO.32, VAZHAPPALLY EAST KARA, VAZHAPPALLY EAST VILLAGE, CHANGANACHERRY P.O., PIN-686101, REPRESENTED BY ITS PRESIDENT, SWANU P.THOMAS, S/O.P.S.THOMAS, AGED 47 YEARS, RESIDING AT PATHALIL HOUSE, NEAR BOAT JETTY, CHANGANACHERRY P.O., PIN-686101, KOTTAYAM DISTRICT.

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BY ADV. SRI.M.P.MADHAVANKUTTY

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RESPONDENTS:

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1 SECRETARY TO GOVERNMENT (DELETED) UNION MINISTRY OF SHIPPING ROAD TRANSPORT AND HIGHWAYS, NEW DELHI, PIN-110001.

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2 CHAIRMAN, (DELETED) INLAND WATERWAYS AUTHORITY OF INDIAN (IWAI), A-13, SECTOR-1, NOIDA, UTTAR PRADESH, INDIA, PIN-201301.

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RESPONDENT NOS. 1 AND 2 ARE DELETED FROM PARTY ARRAY AS PER ORDER DATED 11/08/2020 IN IA.1/2020 IN WPC.

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3 REGIONAL OFFICER, INLAND WATERWAYS AUTHORITY OF INDIA, REGIONAL OFFICE, NATIONAL WATERWAY ROAD, MARADU, ERNAKULAM, PIN-682304.

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4 THE SECRETARY TO GOVERNMENT, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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5 THE REGIONAL OFFICER, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, OFFICE OF THE REGIONAL OFFICER, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM, PIN-695033.

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6 CHIEF ENGINEER, BRIDGES, PWD, THIRUVANANTHAPURAM-695001.

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7 ASSISTANT EXECUTIVE ENGINEER, PWD ROADS (BRIDGES SUB DIVISION), ALAPPUZHA, PIN-688001.

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8 THE CHAIRMAN, KERALA STATE DISASTER MANAGEMENT AUTHORITY, OBSERVATORY HILLS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN-695033.

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IS REPLACED AS PRINCIPAL SECRETARY,KERALA STATE DISASTER MANAGEMENT AUTHORITY ,OBSERVATORY HILLS, VIKAS BHAVAN P.O , THIRUVANANTHAPURAM-695033 AS PER ORDER DATED 11/8/2020 IN WPC

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9 ADDL. R9. DISTRICT DISASTER MANAGEMENT AUTHORITY, PALACE ROAD, CIVIL STATION WARD, ALAPPUZHA, KERALA, PIN-688 001.

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IS IMPLEADED AS ADDITIONAL R9 AS PER ORDER DATED 16/10/2020 IN IA.2/2020 IN WPC.

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SRI.V.SANTHARAM, STANDING COUNSEL FOR R3, SRI. SURIN GEORGE IPE, SENIOR GOVERNMENT PLEADER AND SRI.ARAVIND KUMAR BABU SENIOR GOVERNMENT PLEADER FOR R4 TO R9

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.13496 OF 2020(S)

JUDGMENT

S. MANIKUMAR, CJ

Petitioner is a Samithi registered under the Travancore Cochin Scientific Literary and Charitable Societies Act. Instant public interest writ petition is filed to redress the grievance of the people in lower Kuttanad area and the western parts of Changanacherry, who are adversely affected by floods during monsoon season.

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According to the petitioner, the main hindrance during the rescue operation in 2018 and 2019 floods was the difficulty to operate big boats through Alappuzha – Changanacherry inland water way due to the unscientifically constructed KC Bridge at Kidangara in Kuttanad Taluk. It is pointed out that, if water transportation through the Alappuzha – Changanacherry inland waterways are smoothly operated, it will improve tourism and will be a foot step for the development of Changanacherry and nearby area, which is considered as the hub of Sabarimala Airport and it is the main town en route Alappuzha towards the high range area.

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Petitioner has submitted Ext.P3 representation before the respondents, but it has not been responded by respondents except Regional Officer, Inland Waterways Authority of India, Maradu, Ernakulam, 3^rd respondent, who has offered all support to the proposed move. Hence this public interest writ

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WP(C).No.13496 OF 2020(S)

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petition.

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Earlier, a statement has been filed by the Deputy Collector and Liaison

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Officer (Revenue) dated 25.9.2020 to the effect that;

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“3. The State Disaster Response Fund (SDRF), constituted under Section 48(1)(a) of the Disaster Management Act, 2005 is the primary fund available with State Governments for responses to notified disasters. The Central Government contributes 75% of SDRF allocation for general category States/Union Territories and 90% for special category States/Union Territories (NE States, Sikkim, Uttarakhand, Himachal Pradesh, Jammu & Kashmir). The annual central contribution is released in two equal instalments as per the recommendation of the Finance Commission. SDRF shall be used only for meeting the expenditure for response and providing immediate relief to the victims as laid in the norms published by Ministry of Home Affairs, Government of India.

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The State Disaster Mitigation Fund (SDMF) is constituted under Section 48(1) of chapter IX of National Disaster Management Act, 2005. 'State Disaster Mitigation Fund' shall be utilized based on the guidelines, only that are being issued under Section 63 of the National Disaster Management Act, 2005, on such mitigation activities that are not covered under any of the existing plan schemes. The provision for relief, rehabilitation and reconstruction should not be a part of State Disaster Mitigation Fund.

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Both the SDRF and SDMF cannot be utilized for the purpose of demolition and reconstruction of an existing bridge, as per the existing guidelines. The petitioner has filed this public interest litigation without due verification from the competent authorities and has not taken any steps to ascertain from the Government or competent authority whether the State Disaster Management Authority can utilize any of its funds as SDRF and SDMF for the demolition and reconstruction of an existing bridge. Hence this writ petition deserves no merits and is liable to be dismissed.”

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WP(C).No.13496 OF 2020(S)

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Regional Officer, Inland Waterways Authority of India, Regional Office, National Waterway Road, Maradu, Ernakulam, in his counter affidavit stated that ;

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It is respectfully submitted that, during the flood which occurred in 2018 as well as 2019, the destination of the poor people who were much adversely affected by the flood in Kuttanad was Changanacherry to rescue their life. The main obstacle that has affected the rescue operation was the unscientific structure by the name 'K.C. Bridge' which prevented the rescue operation to a large extent. The above bridge has to be demolished and to be reconstructed with more scientific vision. The above demand has been made by the people of the above. area for the past so many years. Due to various reasons, the demolition and reconstruction of the above bridge could not take place.

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The petitioner herein has preferred various representations before various authorities for the demolition and reconstruction of the above bridge. The petitioner submitted a representation before the Prime Minister's Office, on 20.10.2019 which reached the Office of the Ministry of Road Transport and Highways (Zone - III) Government of India. The above ministry has forwarded the above request by virtue of its letter dated 08.11.2019 bearing No.RW/NH-12037/24/2017-KL/Z-III to the Regional Officer, Ministry of Road Transport and Highways, Thiruvananthapuram. A true copy of the above letter is produced herewith and marked for identification as Exhibit P1. The petitioner has also made a representation through E-mail dated 31.10.2019 to the Chief Minister. The same evoked a response by forwarding the same to the Principal Secretary, Public Department for taking appropriate action.

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The commutation through Alappuzha - Changanacherry inland waterway under K.C bridge is much adversely affected due to the less height and breadth provided by the above bridge. It is very difficult for big boats to commute through the above inland waterway.”

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WP(C).No.13496 OF 2020(S)

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Attention of this Court was also invited to the averments made in the statement filed by the Chairman, Kerala State Disaster Management Authority, Thiruvananthapuram dated 20.10.2020, respondent No.6, wherein it is averred thus;

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It is respectfully submitted that the KC Bridge is situated at Kidangoor – Kannadi route in Kuttanad Legislative Assembly Constituency in Alappuzha District. It was proposed to reconstruct the above bridge since the boats cannot cross underneath the bride when the water level is high. Considering the demand, the department took a decision to raise the height of the bridge. Accordingly soil investigation for the proposed construction was conducted on 25.06.2012 and thereafter the proposal was submitted on the basis of designs submitted by Sri. P K Aravindan (former Professor of IIT, Madras) to raise the existing bridge on 22.11.2013. Based on the design submitted by Sri. P K Aravindan, administrative sanction was accorded vide Order No. GO(Rt) 1615/14 dated 19.11.2014 for Rs. 2.5 crores for raising the bridge. Thereafter the department tendered the subject work but there was no response from the contractors. Thereafter a competitive quotation was also invited and for that also there was no response.

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Subsequently, in the year 2016 Alappuzha - Changanacherry canal was notified as National Waterway. After the 2018 flood, the Director, Inland Waterway Authority of India informed that the above said bridge is crossing Alappuzha - Changanassery canal and hence requested the department to reconstruct the bridge in accordance with the inland waterways standard. As per the request of the Director, Inland Waterways, a revised design was obtained from the Design Wing of the department on 28.08.2018 and an estimated amount of Rs. 39.99 crores has been submitted to the Government for obtaining administrative sanction vide letter No. CE/Bridges/ALP/PRICE/ 2019/3015 dated 14.10.2020 is produced herewith and marked as Annexure R6(a).

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In the meanwhile the MLA representing the Constituency requested the

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WP(C).No.13496 OF 2020(S)

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Chief Engineer, Kerala State Transport Project to include the above work also in the DPR preparation under Re-build Kerala Initiative by KSTP. Based on the request, the Consultancy Team, Assistant Engineer, Bridges, Sub Division, Alappuzha has sent the soil investigation report, detailed estimate and design drawing via E-mail to the consultancy agency on 29.01.2020. Accordingly in the draft DPR the KC Bridge was also incorporated under the Rebuild Kerala Initiative. But in the final list the above work was dropped since the said work includes land acquisition which is not permissible under Kerala State Transport Project. It is submitted that administrative sanction is not obtained from the Government till date an estimate amount of Rs.39 crores 93 lakhs for the reconstruction of KC Bridge including the land acquisition is pending with the Government.”

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From the above it could be deduced that the proposal to demolish and reconstruct the KC Bridge incorporated under the 'Rebuild Kerala Initiative' has been dropped, as the said work includes land acquisition, which according to them, is not permissible under the Kerala State Transport Project. However, it could also be deduced from the statement filed by the Chief Engineer, Public Works Department, Bridges Thiruvananthapuram, that he sent a letter dated 14.10.2020 to the Secretary to the Government, Public Works Department, Thiruvananthapuram, seeking administrative sanction for the work viz., Rebuild Kerala Reconstruction of KC bridge in Kidangara – Kannadi road in Kuttanad LAC in Alappuzha District with an estimated expenditure of Rs.3993 lakhs and that no amount has been sanctioned under the Disaster Management Act, 2005. Thus going by the averments, the prayers sought for, in the writ petition cannot be granted.

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WP(C).No.13496 OF 2020(S)

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However, having regard to the fact that a proposal dated 14.10.2020 of the Chief Engineer, Public Works Department, Thiruvananthapuram, addressed to the Secretary to the Government, Public Works Department, Thiruvananthapuram, now impleaded as additional respondent No.10, is pending consideration, a direction is issued to the impleaded additional respondent No.10 to consider the proposal dated 14.10.2020 for want of administrative sanction for the nature of work stated supra, within two months from the date of receipt of a copy of this judgment, taking into account all the attendant circumstances discussed above.

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Writ petition is disposed of accordingly.

Sd/-

S.MANIKUMAR

CHIEF JUSTICE

Sd/-

SHAJI P.CHALY

JUDGE

smv

WP(C).No.13496 OF 2020(S)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE LETTER DATED 08.11.2019 BEARING NO.RW/NH-12037/24/2017-KL/Z-III TO THE REGIONAL OFFICER, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, THIRUVANANTHAPURAM.
EXHIBIT P2	NIL
EXHIBIT P2(A)	TRUE COPY OF THE PHOTOGRAPHS SHOWING THE EXACT NATURE OF THE GRIEVANCE PROJECTED IN THIS LITIGATION.
EXHIBIT P2(B)	TRUE COPY OF THE PHOTOGRAPH SHOWING THE EXACT NATURE OF THE GRIEVANCE PROJECTED IN THIS LITIGATION.
EXHIBIT P3	TRUE COPY OF THE REPRESENTATION BEFORE RESPONDENTS DATED 28.05.2020.
EXHIBIT P4	TRUE COPY OF THE ACKNOWLEDGMENT CARDS RECEIVED BY THE PETITIONER PERTAINING TO EXHIBIT P3.
EXHIBIT P5	TRUE COPY OF THE COMMUNICATION DATED 25.06.2020 ISSUED BY THE THIRD RESPONDENT.

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RESPONDENT'S EXHIBITS:

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EXHIBIT R3 A	TRUE COPY OF THE GAZETTE NOTIFICATION NO- 18 DATED 26.3.2016 REGARDING DECLARATION OF ALAPPUZHA- CHANGANASSERY CANAL AS NATIONAL WATERWAY NO-8
EXHIBIT R3 B	TRUE COPY OF THE GAZETTE NOTIFICATION NO- 3 DATED 26.1.2007 ISSUED BY MINISTRY OF SHIPPING ROAD TRANPORT AND HIGHWAYS.
ANNEXURE R6(a)	TRUE COPY OF THE LETTER NO.CE/BRIDGES/ALP/PRICE/2019/3015 DATED 14.10.2020.

Changanacherry Boat Jetty Vikasana Samithy (Cbjvs) v. Secretary to Government (Deleted)

Case brief

What is this about?

What did the court decide?

Changanacherry Boat Jetty Vikasana Samithy (Cbjvs) v. Secretary to Government (Deleted)

Case brief

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What did the court decide?

What the court decided

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