Ejipura-Kendriya Sadana Flyover | Karnataka High Court Directs BBMP To Lodge FIR Against Contractor On Charges Of Misappropriation Of Funds

A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj said,

"We prima facie find that it is because of the fourth respondent that delay has been caused in completion of the project and construction of the flyover could not be completed. The public money has been involved in the project and people at large have been put to inconvenience due to the delay in completion of the project."

It added, "We therefore, direct the second respondent to lodge a First Information Report against the fourth respondent for the misappropriation of funds and take necessary steps against the fourth respondent, by cancelling the contract entered between the second respondent and fourth respondents."

The bench also took into account that BBMP has twice issued notice to the fourth respondents, who is the contractor to complete the project and notice has also been issued to him that in case the work is not completed the contract would be terminated. However, he is not responding.

'Project Is Much Delayed': Karnataka HC Seeks Time Bound Plan From BBMP For Construction Of Ejipura-Kendriya Sadana Flyover In Bengaluru

The corporation has also written to the first respondents (State), through the principal secretary (Urban Development Department) to grant permission to terminate the contract. Till date the permission has not been granted by the state government.

The court also directed the first respondent to accord permission for cancellation of the contract within one week. Following which, the BBMP shall take appropriate steps for completion of the project by its own means or by engaging any other agency. The bench observed, "The Project shall be completed expeditiously in a time bound manner. Steps taken in this regard shall be placed before this court on the next date of hearing."

The court was hearing a petition filed by one Adinarayan Shetty pointing to the delay in construction of the flyover. The project was to be completed by the end of 2019. However, the construction was stopped abruptly.

The project was initiated under the Jawaharlal Nehru National Urban Renewal Mission (JNNURM) scheme. The finances for the construction were to be shared between the Union government (35%), Karnataka government (15%) and the BBMP (50%).

The petition said that the tender for the project was invited in 2014 with an approximate cost of Rs. 158 crore and was to be completed within a period of 30 months. The tender was awarded to Simplex Infrastructure Limited on May 4, 2017.

The matter will be next heard on March 15.

Case Title: Adinarayan Shetty v. State Of Karnataka

Case No: WP 13605/2021