In suo motu proceedings regarding the re-construction of a damaged bridge before a festival, the Court noted that a temporary bridge was constructed to ensure vehicle access and directed the Irrigation Department to maintain it.
Closed the suo motu proceedings noting the temporary bridge was completed and directed the Irrigation Department to maintain it.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 6TH DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943
SSCR NO.10 OF 2021
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – SABARIMALA SPECIAL COMMISSIONER REPORT – SSCR NO.10 OF 2021 – RE-CONSTRUCTION OF THE DAMAGED NJUNANGAR BRIDGE AT PAMPA BEFORE THE MANDALA MAKARAVILAKKU FESTIVAL – PAMPA – SUO MOTU PROCEEDINGS INITIATED – REGARDING. PETITIONER:
SUO MOTU
BY ADV SUO MOTU
RESPONDENTS:
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, DEPARTMENT OF DEFENCE, 101-A, SOUTH BLOCK, NEW DELHI-110 011.
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8 THE STATION COMMANDER STATION HQRS, PANGODE MILITARY STATION, THIRUVANANTHAPURAM – 695006
BY ADVS.
SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
OTHER PRESENT:
SRI. S.RAJMOHAN - SR. GOVERNMENT PLEADER ; SRI. CYRIAC KURIAN - SPL. G.P. (IRRIGATION); SRI. NAGARAJ NARAYANAN - SPL. G.P.(FORESTS), SRI. N. RAGHURAJ - AMICUS CURIAE SRI. S. MANU - ASSISTANT SOLICITOR GENERAL OF INDIA
THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 06.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Anil K. Narendran, J.
The Special Commissioner, Sabarimala has filed this report regarding the re-construction of the damaged Njunangar Bridge at Pampa before the Mandala Makaravilakku festival of 1197ME (2021-22). In the report, it was stated that transportation of vehicles through that bridge is highly essential for running the Sewage Treatment Plant and also the Incinerator at Pampa and therefore, reconstruction of the bridge has to be completed before the coming Mandala Makaravilakku Festival, which commences on 16.11.2021.
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thus:
“2. It is submitted that two proposals have been put forward. Initially a Gabion Box Structure with 7 concrete pipes to ensure water flow is being considered. In Gabion Box Structure the bottom leveling of the stream will be done at first using excavators and dumping of stones to get a level surface for laying first layer of pipes. Coconut pillars will be driven at upstream and downstream sides of the proposed access, the distance between the upstream and downstream sides of the access is 5.0 meters. Subsequently 7 numbers of concrete pipes of 1 meter diameter at the center of the river as bottom layer. The gaps between the pipes will be tightened using sand bags at right and left sides of the pipes after the width of the pipe laid portion. Both 6.5 meters each, construction of Gabion Box wall filled with ruble will be done. The total width of the Gabion wall is 5 meters which is equal to the length of the concrete pipes. 5 numbers of concrete pipes of the same diameter will be laid on the top of the first layer, exactly at the middle portion of the first layer. Gabion box wall will be continued till it reaches a height of 3 meters. The gaps in between the curved portion of the pipes and the vertical side of the Gabion Box will be filled with sand bags. After completion of the Gabion wall Quarry muck will be
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laid on the top of the same to ensure a permanent access and roll to 25-30 centimeters.
consideration, the learned Senior Government Pleader and also the learned Special Government Pleader (Irrigation) submitted
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that the Government has already decided to construct a Gabion Box Structure at the place in question. The expenses in this regard shall be met by the Government. It is expected that the construction can be completed within a period of ten days.
the learned Special Government Pleader (Irrigation) would submit that the construction of the temporary bridge at Njunangar is completed and it has already been opened for vehicular traffic on 04.12.2021.
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that though there was a flash flood at Pampa on 05.12.2021, it has not affected the bridge in any manner. It is however directed that the temporary bridge constructed shall be taken care of by the Irrigation Department, without any delay, if any repair is required on account of the climatic conditions.
In such circumstances, recording the fact that the alternative arrangement has already been made by constructing temporary bridge, the SSCR is closed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
Suo Motu
The Travancore Devaswom Board
State of Kerala
The Chief Engineer (Irrigation and Administration)
Principal Chief Conservator of Forests
Union of India
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
