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

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

"We don't want to hear the problems, we want a solution. We want you to give a date by when you will complete the construction."

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.

In its order the court noted that, "The court in its order dated July 29, 2021 had directed the second respondent (Commissioner, BBMP) to file a statement of objection stating the outer limit within which the flyover will be completed. Neither the statement of objection on behalf of respondent 2 has been filed, nor the counsel is in a position to state within what period the flyover will be completed. She tries to give several excuses for the delay in the construction of the project."

"We are not at all satisfied with the explanation submitted by BBMP regarding the delay in completion of the project. Prima facie, we are of the view that in case there were so many problems, then the project should not have started before sorting out the problems and huge public money should not have been wasted," it added.

Accordingly it ordered, "We direct the second respondent to submit a detailed plan of completion of the project in a time bound manner. The respondent shall be conscious that the project is much delayed and it was to be completed by November 2019 and no further unnecessary delay shall be caused in completion of the project."

It added, "In case a detailed plan is not submitted by the next date of hearing, the Chief Commissioner shall remain present before the court."

The matter will be next heard on January 20.

Case Title: Adinarayan Shetty v. State Of Karnataka

Case No: WP 13605/2021