Kerala High Court Expresses Discontent With The Delay To Reconstruct Bridge Destroyed In Floods: Summons Authorities To Appear In Person

The Kerala High Court on Tuesday expressed its discontent with the delay in construction of the Nooradi Bridge which was damaged in the 2018 catastrophic flood that struck the State.

A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly summoned the concerned authorities to appear before the Court in person for the next hearing. Accordingly, the matter has been posted to 11th August. 

The Court had directed the authorities to initiate reconstruction of the bridge in an earlier order dated 13th July 2020. 

Senior Government Pleader T. K. Aravindakumar Babu informed the Court that steps had been taken in compliance with the directions issued by this Court. He also produced a Government Order dated 26th July to support his argument. 

Dissatisfied with the submissions, the Court directed the Secretary of Department of Public Works, Secretary of Department of Local Self Government to appear in person on 11th August 2021 to explain the delay in complying with the directions of this Court.

Background:

A suo motu case was taken by the Court on the basis of an application submitted by the students of St. Fathima High School regarding the flood-damaged Nooradi Bridge, which had become unfit for public conveyance.

Consequently, the Court ordered the reconstruction of the bridge within a period of 18 months. This was in July 2020.

According to the affidavit submitted by the respondents, they had taken initiatives to enforce the order.

Complying with this order, approximately Rs. 1.30 Crores was allegedly estimated for the construction of the bridge and this amount was requested by the Secretary of the concerned District Panchayath to initiate necessary steps to include the project under the 'Rebuild Kerala' initiative.

This proposal was reportedly submitted by the Chief Engineer before the Planning and Economic Affairs of Rebuild Kerala Department. However, it was informed that the construction of the bridges could not be included in Rebuild Kerala in the existing circumstances. 

The Chief Engineer then suggested that the scope of including the construction of the bridge in the Chief Minister's Local Road Rebuild Project may be considered.

It was also submitted that an administrative sanction for the construction worth around Rs.988 crore was accorded for the renovation of flood-damaged rural roads, out of Rs.1000 crores sanctioned from the Chief Minister's Distress Relief Fund. Of this, the Administrative Sanction of works worth Rs.44.2486 crores was cancelled.

This left Rs 56.1815 crores being available from the 1000 crores granted for the CMLRP Project. Hence,  the proposal for including the construction of the flood-damaged Bridge in the Chief Minister's Local Road Rebuild Project was examined by the Government in detail. 

Upon such scrutiny, orders were issued in favour of the construction of the bridge, thereby granting an administrative sanction for approximately Rs.13 crores.

Hence, orders were issued executing the judgment of the Court dated 13th July 2020. For this reason, the estimated amount of work that has been accorded administrative sanction by including in the Chief Minister's Local Road Rebuild Project rose to around Rs. 945 crores 

Title: Suo Moto v. State of Kerala and Ors.

Click Here To Read The Order