Disposed

Suo Motu v. State of Kerala

Kerala HC17 Nov 2021WP(C)/34027/2018

Case brief

AI extract

What is this about?

In this suo motu PIL regarding pipeline disruption due to road construction, the court closed the petition upon satisfaction that the Government Order implementing online permissions and other steps for repair were taken. The court directed respondents to monitor and ensure completion of the pipeline replacement work by the awarded contractor.

What did the court decide?

Directing respondents to monitor works awarded to contractor M/s. J&B Engineering and ensure completion as per schedule; post the petition for compliance report.

Suo Motu Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶4

¶5

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶6

WEDNESDAY, THE 17^TH DAY OF NOVEMBER 2021 / 26TH KARTHIKA, 1943 WP(C) NO. 34027 OF 2018

¶7

PETITIONER:

¶8

SUO MOTU PROCEEDINGS INITIATED AGAINST THE DEMOLITION OF NEWLY CONSTRUCTED ROADS FOR LAYING PIPE LINES BY KERALA WATER AUTHORITY.

¶9

RESPONDENTS:

¶10

1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

¶11

2 THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶12

3 THE MANAGING DIRECTOR, KERALA WATER AUTHORITY,JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAURAM-695033.

¶13

Addl.4 KERALA STATE ROAD FUND BOARD KOWDIAR,THIRUVANANTHAPUARM KERALA 695003

¶14

[IS SUO MOTU IMPLEADED AS ADDL. RESPONDENT NO. 4 AS PER ORDER DATED 25/10/2021 IN WPC.]

¶15

BY ADVS.

¶16

SRI. V. TEKCHAND, SR. GOVT. PLEADER SRI.P.BENJAMIN PAUL,SC, KERALA WATER AUTHORITY SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C).34027/2018

J U D G M E N T

Dated this the 17^th day of November, 2021

¶22

S. Manikumar, CJ.

¶23

On 16.10.2018, suo motu Public Interest Litigation was instituted, on the basis of a report furnished by the Secretary of District Legal Services Authority, Pathanamthitta. Since then, periodical orders have been issued by this Court and taking note of the order issued by the Government vide G.O. (Ms).No.59/2020/PWD dated 30.07.2020 regarding Online System for according Road Cutting Permission/Right of Way Permission, on 21.10.2021, we passed the following order:

¶24

“On this day when the matter came up for hearing, inviting our attention to G.O.(Ms) No.59/2020/PWD dated 30.7.2020, Mr.K.P.Harish, learned Senior Government Pleader, submitted that an online system for according road cutting permission/right of way permission, has been issued by the Government. The Government Order reads thus:

¶25

GOVERNMENT OF KERALA

¶26

Abstract

¶27

Public Works Department – Online System for according Road Cutting permission/Right of Way Permission – Sanction Accorded – Orders issued.

¶28

PUBLIC WORKS (H) DEPARTMENT

¶29

G.O.(Ms) No.59/2020/PWD Dated, Thiruvananthapuram, 30/07/2020

¶30

Read: (1) G.O.(P) No.13/2012/PWD dated 01.02.2012

¶31

W.P(C).34027/2018

¶32

¶33

(2) Circular No.CE/R&B1 GL-RC/2/2019 dated 30.3.2019 of the Chief Engineer, Public Works Department (Roads).

¶34

(3) Letter No.CE/Admin/IT/General/2020-21 dated 24/07/2020

¶35

from the Chief Engineer, Public Works Department

¶36

(Administration).

¶37

O R D E R

¶38

As per Section 2607 of the revised Kerala PWD Manual read as 1^st first paper above, any person or authority or agency intending to construct, place, maintain or carry any cable, wire, pipe, drain, sewer, channel of any kind through, across, along, under, in or over any PWD road shall get permit for the same from the concerned road or highway authority. In PWD, the application for road cutting permission is being received from the agencies like Kerala Water Authority, Kerala State Electricity Board and from the Telecom Operators. Thereafter, the concerned Assistant Engineer in charge of the road to be cut, prepares the estimate for restoration work and after approval of the estimate the concerned AEE or EE informs the applicant to deposit the restoration amount in PWD’s deposit head of account. After getting confirmation from the applicant that the required amount for restoration is got deposited in PWD’s account, cutting permission is issued by the Assistant Executive Engineer or the Executive Engineer concerned. All these activities are being carried out through manual processing in concerned offices which attracts a lot of complaints regarding delay in getting permissions and thereby ultimately delays the completion of many projects.

¶39

Now, the Kerala State IT Mission has developed an online portal for the management of road cutting permissions. The objectives of the application are as follows:

¶40

a)Online submission of application for Road Cutting Permission/ Right of Way Permission without the need of approaching any office.

¶41

b)Online submission of relevant documents such as road sketch, GIS Map of cutting etc.

¶42

W.P(C).34027/2018

¶43

¶44

c)To provide permission within a time limit.

¶45

d)To facilitate the users to download the final signed approval certificate online.

¶46

This portal is now available in the web address http://rowservices.kerala.gov.in/. The users of this online system would be PWD, KWA, KSEB and Telecom Operators.

¶47

In view of the above, the Chief Engineer (Administration) as per the letter read as 3^rd paper above, has requested to issue necessary Govt. Orders for implementation of the Online Road Cutting permission/ Right of Way Permission Portal developed by Kerala State IT Mission in managing the road cutting permission issuance of PWD.

¶48

Government have examined the matter in detail and sanction is accorded hereby to use the online Road Cutting Permission/ Right of Way Permission Portal in PWD with the following guidelines:

¶49

A. Procedure for Road Cutting / Right of Way Permission:

¶50

(i) The online system will be operational for Telecom Service Provider /Internet Service Provider / Infrastructure Provider for use from 01.08.2020 and shall not accept any application and documents related to Road Cutting Permission/Right of Way in physical form after 1^st August, 2020. Applications and documents submitted online shall be accepted.

¶51

(ii) Any Telecom Service Provider / Internet Service Provider /Infrastructure Provider, whoever requires permission for Road cutting or for Right of Way shall invariably submit their applications online.

¶52

(iii) The Applicant (TSP/IP/ISP/KWA/KSEB) will submit applications for Rights of Way permissions along with necessary documents including the stretch details to the concerned road authority. The route map in GIS format can also be uploaded in the portal.

¶53

(iv) The Road Authority (EE/AEE) shall verify the application after receipt and assigns the application to the concerned AEE or AE for verification and

¶54

W.P(C).34027/2018

¶55

¶56

processing, if the application is in order; otherwise the application will be returned to applicant.

¶57

(v) The concerned AE shall prepare the demand note as per the procedure laid down in the PWD Manual and as per the prevailing rates for road cutting and restoration and submit the same for approval of the competent authority as per the delegation of powers based on the restoration amount required (manual process not through the system). After approval of the demand note, the same shall be uploaded in the online system from the approval office. Thereafter, once the applicant remits the demand note amount in the required head of account, the road cutting permission is to be issued by the competent authority through the system.

¶58

(vi) After the utility authority/applicant completes the road cutting and temporary restoration, the same shall be updated in the online system so that the Road Authority gets information about the completion of the work. Thereafter the Road Authority shall take action to restore the road surface as per the guidelines specified in the PWD Manual.

¶59

(vii) In cases, where the applicant is to restore the road surface as per the provisions laid down in the cutting permission, after the completion of such works, the applicant shall upload the details in the portal. After getting such information through the portal, the Road authority shall issue NOC through the system.

¶60

B. Road Cutting Fees:

¶61

The Chief Engineer (Roads) publishes the restoration charges for the road cutting of various types of PWD road surfaces. The prevailing rates as per the Circular read as 2^nd paper above are given below.

¶62

Sl.No.	Type of road or cutting surface	Restoration charges (Rs)/ sq.meter
1	Berm Cutting	359.85
	Shoulder Cutting	1530.77
3	20mm open graded chipping carpet surface	3090.57

¶63

W.P(C).34027/2018

¶64

¶65

4	20mm close graded chipping carpet surface	3129.12
5	20mm open graded chipping carpet surface (Manual means)	3179.04
6	40mm pre mixed chipping carpet surface	3457.29
7	BM & BC road surface	4069.51
8	Concrete road surface	5473.44
9	100mm thick inter locking Tiled road surface	4196.75
10	80mm thick inter locking tiled road surface	3722.14
11	60mm thick inter locking tiled road surface	3665.91

¶66

The above charges are including cost index, centage charges and GST.

¶67

C. Timelines:

¶68

a) Road cutting permission

¶69

(i) Application Scrutiny – within 3 days after receiving the Application. (ii) Physical Verification and Demand Note approval for Payment and intimation to applicant- Within 15 days after receiving the Application. (iii) Payment of Fees by Applicant after issue of Demand Note – As specified in the demand note.

¶70

(iv) Road cutting Permission Letter Issued – Within 7 days after payment of Fees and uploading details by the applicant in the portal.

¶71

(v) Completion of road cutting work and temporary restoration – as specified in the permission letter/proceedings.

¶72

b) Right of Way permission

¶73

(i) Application Scrutiny – within 3 days after receiving the Application (ii) Physical Verification and granting online permission by the concerned authority - Within 15 days after receiving the Application provided all application documents are in order

¶74

(iii) Issue of NOC after the applicant uploads the details of completion

¶75

W.P(C).34027/2018

¶76

¶77

of road restoration works - Within 7 days after uploading details by the applicant in the portal.

¶78

The Chief Engineer (Roads), Chief Engineer (National Highway), CE(KSTP) and CE(Bridges) shall take necessary action in the matter accordingly.

¶79

(By order of the Governor)

¶80

ANAND SINGH SECRETARY

¶81

That apart Mr.K.P.Harish, learned Senior Government Pleader, further submitted that a portal is now available in the web address viz., http://rowservices.kerala.gov.in for according road cutting permission/right of way permission. He further submitted that the Kerala Road Fund Board has filed an impleading application on 18.2.2019.

¶82

Registry is directed to ascertain and put up the same. Post on 22.10.2021.”

¶83

However, finding that there was a contrary stand as regards estimate

¶84

to be prepared by Kerala Water Authority for the projects, on 3.11.2021, we

¶85

passed the following order:

¶86

"Pursuant to our directions, statement dated 27.10.2021, filed on behalf the Kerala Water Authority, respondent No. 3, is reproduced:-

¶87

“This Hon'ble Court by suo motu registered the above case. During the course of certain renovation work by the Public Works Department (PWD) in Pazhakulam - Anayadi Road at Vellachira, Steam Rolling of Road using sophisticated machines has resulted in leakages in the existing pipeline. Water supply in that area was disrupted since 2.9.2018 due to the damages of existing pipeline. In order to restore water supply to Adoor and Pallickal Panchayath, work was tendered and awarded to a contractor namely, M/s. J & D Engineering & Construction Company. The contractor has already started the work and the work is expected to be completed on 31.12.2021.”

¶88

W.P(C).34027/2018

¶89

¶90

Added further, Mr. P. Benjamin Paul, learned counsel for the Kerala Water Authority, submitted that it is true that some damage occurred while laying road, and in respect of the same, fresh pipelines would be replaced. The said work will be completed before 31.12.2021.

¶91

He further submitted that as per the PWD estimates, restoration charges have also been paid, wherever damage has occurred.

¶92

Kerala State Road Fund Board, respondent No. 4, has filed a statement, which reads thus:-

¶93

“2. The road namely Anayadi-Kudal road is entrusted to the KRFB for construction. The total length of the road is 35.30 Km. It is submitted that the work in respect of the road is in progress. The work involves the construction of road with BM and BC standards (Bituminous Macadam and Bituminous Concrete). From chainage 0-000 to 0-798 of the road WMM is finished and laying of BM (Bituminous Macadam) is to be commenced. In this stretch shifting of Kerala Water Authority pipe lines are pending.

¶94

As far as chainage 0798 to 6/708, the road is in good condition as the work is completed in another contract.

¶95

As far as the chainage 6/708 to 8/505 (Anayadi Parakulam), - though the contractor is ready for laying of BM, same could not be completed for want of pipe line work to be carried out by the Kerala Water Authority. It is submitted that after repeated requests and regular follow up now Kerala Water Authority had brought pipes to the site and immediately on completion of that work BM will be laid. In Chainage 8/505 to 8/734 the road is in good condition. The same was done as part of KayamkulamPunaloor road construction.

¶96

From chainage 8/734 to 12/740 and link road, drain works and road formation works are going on. As far as chainage 12/998 to 28/950, the work is delayed on account of difficulty in getting the land. As far as chainage 22/950 to 28/800 on account of construction of bridge at Chandanappalli, traffic is diverted. From chainage 28/800 to 34/800 BM completed for 6 Km excluding small gaps at culvert locations. The same

¶97

W.P(C).34027/2018

¶98

¶99

road is traffic worthy. From chainage 34/800 to 35/300 the road is traffic worthy.

¶100

It is submitted that in the whole stretch Kerala Water Authority pipes lines have to be shifted. Despite repeated request Kerala Water Authority has not submitted the revised estimate to the KRFB yet. Now it is informed by the Kerala Water Authority that in respect of chainage 6/700 to 8/600, shifting of water pipelines is arranged in a KIIFB project and the same will be completed soon. In respect of the remaining road, KRFB had requested the water authority to submit estimate as per the KIIFB guidelines and the same is not yet received from Kerala Water Authority.”

¶101

As regards the contention in paragraph No. 6 of the statement filed by the Executive Engineer, KRFB (PMU) Pathanamthitta – Kottayam that despite the repeated requests, Kerala Water Authority has not submitted the revised estimate to KRFB for the entire pipelines to be shifted, it is the submission of Mr. P. Benjamin Paul, learned counsel for the Kerala Water Authority, that estimate had already been prepared and fund sanctioned. However, he submitted that both Kerala Road Fund Board as well as Kerala Water Authority, would discuss over the abovesaid contradictory statement, and revert with specific statement or affidavit, as regards the estimate, if any, prepared and funded by KIIFB, for shifting of the pipelines and the works commenced.

¶102

Mr. P. Benjamin Paul, learned counsel for the Kerala Water Authority requested time.

¶103

Statement or affidavit be filed with all supporting documents within a period of 10 days. Post on 16.11.2021."

¶104

Reverting, Deputy Chief Engineer, Kerala Water Authority has filed an affidavit dated 16.11.2021 explaining the steps taken and allocation of fund. According to him, work of laying of DI Pipes in the reach from Pazhakulam Junction to Kaleekkathupady near Anayadi has been awarded to a contractor

¶105

W.P(C).34027/2018

¶106

¶107

viz., M/s.J&B Engineering and Construction Company, Thiruvalla, pursuant to a tender and that wok is also in progress.

¶108

Deputy Chief Engineer, Kerala Water Authority representing respondent No.3 has also stated that laying of pipeline of the stretch Anayadi – Parakkulam would be over by 10.1.2022.

¶109

He further stated that KIIFB, KRFB and Kerala Water Authority conducted a joint inspection and decided to lay pipelines through the side of the road so that digging of the road can be avoided in future for any kind of repairing works and maintenance.

¶110

Relevant paragraphs of the affidavit dated 16.11.2021 and the supporting documents are reproduced:

¶111

“2. Pazhakulam -Anayadi Road having a length of 35.30 kms. was tarred by the PWD using German technology. The application of German technology in road construction is in severe compaction of existing road surfaces using heavy vibrating machines. This excess vibration on the road surface severely damage the underlying AC pipes laid by Kerala Water Authority 40 years back. The pipes were damaged beyond the scope of repair and hence it was decided to replace the pipeline by laying new DI pipes.

¶112

3.An estimate amounting to Rs.3.50 crores for replacing the AC pipes and laying of new DI pipes along Pazhakulam-Anayadl Road was submitted to the Executive Engineer, Road Division, PWD, Pathanamthitta on 3.9.2018 itself. True copy of the letter dated 3.9.2018 issued by the Executive Engineer, Public Health Division, Pathanamthitta is produced herewith and marked as Annexure R3a). True copy of its English translation is produced herewith and marked as Annexure R3(b). Since the PWD could not remit the fund, the work could not be done. Again on 17.9.2018, KWA requested the PWD to remit the amount or else permitting the Water Authority to do the rectification work. True

¶113

W.P(C).34027/2018

¶114

¶115

copy of the said letter dated 17.9.2018is produced herewith and marked as Annexure R3(c).

¶116

By this time, the Finance Department of the Govt. issued a Govt. Order dated 26.11.2018. By the said order, the Govt. Issued direction authorising the Special Purpose Vehicles (SPV) concerned based on technical sanctioned estimates from the concerned department to do the work relating to shifting of utility services. True copy of the Govt. Order dated 26.11.2018 is produced herewith and marked as Annexure R3(d).

¶117

On the basis of Exhibit R3(d) and the instructions from the Kerala Road Fund Board the KWA has prepared an estimate for shifting the utility for an amount of Rs.13,58,000,000/-. After preparing the estimate,the KIIFB sponsored the fund for laying DI pipe in the reach from Pazhakulam Jn. to Kaleekkathupady, near Anayadi. Hence, the estimate was again revised to Rs.9, 18,82,000/-. True rue copy of the letter dated 1.12.2020 given by KWA to PWD is produced herewith and marked as Annexure R3(e). Now, the work is tendered for a total PEC of Rs.10,078,48,70/- and the work is awarded to a contractor namely M/s. J&B Engineering and Construction Company, Thiruvalla and the work is in progress.6. As per the direction of this Hon'ble Court, the 4th respondent namely Kerala Road Fund Board has filed a statement before this Hon ble Court. In paragraph2 of the said statement, it is stated that from chainage 0 to 798 shifting of pipes of KWA is pending. It is submitted that no pipe line is passing through the said stretch and there is no need of shifting of pipeline in that area.

¶118

7.It is further stated in paragraph 4 of the statement filed by the 4 th respondent that KWA has brought pipes for chainage 6/708 to 8/505 (Anayadi-Parakkulam). It is submitted with great respect that the laying of pipe in the said stretch will be over by 10-1-2022. 8. It is stated in paragraph 6 of the statement of the 4th 8 the 4th respondent that the KWA has not handed over the estimate for the entire stretch. It is humbly submitted that the KWA has prepared the estimate for remaining area on 8-11-2021and intimated the same to KIIFB and KRFB.

¶119

It is submitted with great respect that the KWA has prepared and forwarded the estimate to the PWD in time. But, there were proposals from the stake holders to find a solution for not digging the road after completion in future. Taking note of the said proposals, the KIIFB, KRFB and KWA conducted a joint inspection. Thereafter, it was decided to lay pipes through the sides of the road so that digging of the road can be avoided in future for any kind of repairing works and maintenances. This is the reason for delay in submitting the revised estimate. There is no wilful laches or negligence of the KWA.”

¶120

W.P(C).34027/2018

¶121

¶122

7. Exhibit R3(b) issued by the Executive Engineer, Kerala Water

¶123

Authority to the Executive Engineer, PWD reads thus:

¶124

“Despatched Date 5.9.18

¶125

KERALA WATER AUTHORITY

¶126

Office of the Executive Engineer Public Health Division Pathanamthitta No.DB4-1836/2018 Date: 03/09/2018

¶127

From Executive Engineer

¶128

To Executive Engineer, PWD Roads Division, Pathanamthitta.

¶129

Sir

¶130

Sub: WSS to Adoor and adjoining panchayaths - Replacement of existing pipes from Pazhakulam to Anayadi in Pallickal Panchayath by using 400/350/300/200mm DI pipes -Estimate submitting -reg.

¶131

Ref: Message over phone from PWD Roads Division.

¶132

Estimate of Rs.3,50,00,000/- for shifting pipeline in connection with the renovation work of PWD in Pazhakulam -Anayadi Road in the above referred subject is submitted herewith.

¶133

For the further proceedings of the said work, DD for estimated amount of Rs.3,50,00,000/- in the name of Executive Engineer, KWA, Pathanamthitta may be submitted in this office.

¶134

Yours sincerely, Sd/Executive Engineer

¶135

Encl: 1 No. of approved estimate.”

¶136

W.P(C).34027/2018

¶137

¶138

8. Exhibit R3(C) communication dated 17.9.2018 reads thus:

¶139

“KERALA WATER AUTHORITY

¶140

Office of the Executive Engineer Public Health Division Pathanamthitta

No.DB4-1836/2018

Date: 03/09/2018

From

Executive Engineer

Executive Engineer, PWD Roads Division, Pathanamthitta.

¶147

Sir

¶148

Sub;-WSS to Adoor and Adjoining Panchayaths- Damages to existing pipes from Pazhakulam to Anayadi in Pallickal Panchayath due to PWD road work -reg

¶149

Ref 1. This office Letter No. DB4-1836/2018 dated : 03/09/2018

¶150

As you are aware the water supply to Pallickal and Peringara Villages has been interrupted since 02/09/18 due to damages caused by the road renovation work of Anyadi-Pazhakulanm road. As per telephonic discussion with you we have submitted an estimate amounting to Rs3.5Crores for the replacement of the existing AC pipes of size 400mm to 200mm using DI pipes But no reply has been received whether you will be able to remit the estimate amount.

¶151

Now it is learnt that the tarring work is in progress and once this work is completed it will be difficult to rectify the damages of the existing pipeline. Hence please inform us whether you remit the estimate amount, else the work may be stopped and permit us to do the rectification work at the earliest. It may also be noted that there is severe shortage of drinking water in Pallickal area and people are frequently complaining to restore water supply Hence please treat this as very urgent.

¶152

Yours faithfully Sd/Executive Engineer.”

¶153

W.P(C).34027/2018

¶154

¶155

9. Exhibit R3(d) Government Order, authorising the Special Purpose

¶156

Vehicles, based on technically sanctioned estimates from the concerned department, to do the work relating to shifting of utility services, is extracted hereunder:

¶157

“GOVERNMENT OF KERALA

¶158

Abstract

¶159

Finance (Infrastructure)Department- KIIFB Funded Projects- Guidelines for procedure simplification with respect to Utility Shifting/Road Restoration works Orders issued.

¶160

FINANCE (INFRASTRUCTURE) DEPARTMENT

¶161

G.O.(Ms)No.444/2018/Fin Dated, Thiruvananthapuram. 26.11.2018

¶162

--------------------------------------------------------------------------------------Read- 1. Minutes of the meeting held by CEO, KIIFB on 06.09.2018.

¶163

ORDER

¶164

It has been brought to the notice of Kerala Infrastructure Investment Fund Board (KIIFB) by various Special Purpose Vehicles (SPVs) that procedures currently adopted in the utility shifting and road restoration works of KIIFB Projects are time consuming and restrictive. This situation has posed hurdles in achieving the desired pace of progress and completion of works.

¶165

Currently, the practice is that, for road works involving Utility shifting on the part of agencies such as Kerala Water Authority, KSEB Ltd. etc., preparation of detailed estimates is done by the agency concerned. The corresponding amount is deposited by the PWD to the account of the agency carrying out the shifting of utility.

¶166

In cases of road restoration carried out in KWA/KSEBL projects, roles are reversed,whereby PWD prepares Estimates and the amount involved

¶167

W.P(C).34027/2018

¶168

¶169

is deposited by the Owner-Agencies (KWA/KSEBL etc.) to PWD A/c for utility shifting.

¶170

This system, prevalent in Government which is being followed in KIIFB works, is reported to be time consuming. Hence a revision in procedure as required by stakeholder Departments has been decided to be effected, in a meeting chaired by CEO, KIIFB and attended by Principal Secretary-Public Works Department, Secretary-Water Resources Department and Director, KSEBL.

¶171

Accordingly, certain guidelines have been suggested by KIIFB for facilitating smooth progress of works.

¶172

Government have examined the matter in detail and are pleased to issue the following guidelines for simplifying the existing procedures for Utility shifting and restoration of road works for KIIFB projects:

¶173

The responsibility of execution of the work related to shifting of utility/road restoration shall be on the SPV concerned, based on technically sanctioned estimates of PWD/KWA/KSEBL as the case may be.

¶174

These estimates will form part of the TS estimates of the Project and will be added as a separate appendix.

¶175

The Tendering Authority will be the SPV responsible for implementing the project who will take tender action for the whole work including utility shifting/road restoration.

¶176

Supervision and passing of bills of the appendix concerned will be the responsibility of the agency whose utility is shifted/ road restored.

¶177

The main contractor of the project will be responsible to engage licensed contractor/s competent to carry out the utility shifting/road restoration.

¶178

In case of variation/deviation of quantities/cost from the approved estimates, such revisions have to be got approved by the competent authority.

¶179

Each appendix with respect to the sub-project has to be considered as a stand- alone work in this regard.

¶180

The specified procedure shall be applicable for all SPVs and corresponding stakeholders such as PWD, LSGD, HED, KWA, KSEBL,

¶181

W.P(C).34027/2018

¶182

¶183

RICK, KRTL etc, implementing KIIFB funded projects. The utility shifting/ road restoration works of large magnitudes shall be considered as separate sub-projects, for which DPRs will be submitted to KIIFB by the SPV concerned, for approval. No separate centage charge or supervision charge shall be granted to any SPV towards utilityshifting/road restoration works in respect of KIIFB projects. The abovementioned procedures shall invariably be followed for all KIIFB funded projects, on a prospective basis, for facilitating smooth implementation of the projects.

¶184

By Order of the Governor

¶185

Dr. KM. Abraham CFA Ex-Officio Secretary"

¶186

Having regard to the steps taken for repairing roads/relaying pipes and the G.O.(Ms). No.59/2020/PWD dated 30.07.2020, by which Online System for according Road Cutting Permission/Right of Way Permission sanctioned, which we have extracted in our order dated 21.10.2021, we are of the view that requisite steps have been taken and, therefore, there is no need to retain the instant suo motu Writ Petition No.34027/2018.

¶187

However, we are of the view that having regard to the repair works and laying of pipelines, at the specified stretch, respondents should complete the laying of pipes and repair, as averred, and in that context, are directed to monitor the works awarded to the contractor M/s. J&B Engineering and Constructions Company, Thiruvalla, and ensure completion of the works as per

W.P(C).34027/2018

the schedule.

With the above directions, this writ petition is disposed of.

¶192

Post the writ petition in the second week of February, 2022, for filing of

¶193

compliance report with documents.

Sd/-

S. Manikumar,

Chief Justice

Sd/-

Shaji P. Chaly, Judge

sou.xx

W.P(C).34027/2018

APPENDIX

PETITIONER'S EXHIBITS : NIL

¶204

RESPONDENT'S EXHIBITS

¶205

ANNEXURE R3 (a) : TRUE COPY OF THE LETTER DATED 3.9.2018 ISSUED BY THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, PATHANAMTHITTA.

¶206

ANNEXURE R3 (b) : TRUE COPY OF IT IS ENGLISH TRANSLATION OF ANNEXURE R3(a)

¶207

ANNEXURE R3 (c) : TRUE COPY OF THE LETTER DATED 17.9.2018 ANNEXURE R3 (d) : TRUE COPY OF THE GOVT. ORDER DATED 26.11.2018 ANNEXURE R3 (e) : TRUE COPY OF THE LETTER DATED 1.12.2020 GIVEN BY KWA TO PWD

Suo Motu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suo Motu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

T.N.Prathapan Vs the State of Kerala

Kerala Association for Vs Bharath Sevak Samaj

Legal Literacy Council Vs Kerala Union of Working Journalist

Baby Joseph Vs the State of Kerala

M/S.Movell Solution Private Limitted Vs Kerala State Electronics Development Corporation Ltd.-Keltron

Capt. Pedro Guilherme Da Veiga Pereira E Oliveira Artilheiro Vs Union of India