ANSARI.P.B Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) SINCE common questions arise for consideration in these writ petitions, the same are disposed of together.

(2.) W .P.(C) No. 33447/2011 is a public interest litigation filed by the petitioner claiming to be a public spirited citizen residing in Alappuzha Municipal area of Alappuzha district. According to him, though the Government of Kerala have formulated a Scheme for supply of water to Alappuzha Municipality and neighbouring eight Panchayats sponsored by the Central Government under the Urban Infrastructure Development Scheme for Small and Medium Town (UIDSSMT) known as Alappuzha Water Supply Scheme, despite directions by this Court in W.P.(C) No. 16681 of 2006 to implement the water supply scheme, effective steps are not being taken by the respondents. According to the petitioner, when the work was tendered on 8.10.2008, the 7th respondent alone was selected as the successful tenderer, but the tender proceedings were not finalised and again re-tendered on 29.5.2009. 0 Even then the 7th respondent alone was qualified but the tender was not finalised. According to the petitioner, it is on account of some vested interest that the tender is not being finalised and subsequently an Empowered Committee was constituted by the Government to implement the project and if the tender is not finalised, there will be delay in the water supply project and hence the petitioner seeks various reliefs for completing the scheme as early as possible.

(3.) THE respondents 1 and 2 have filed counter affidavit inter alia contending that the implementation of the project had been divided into 9 packages. The construction of 62 MLD water treatment plant alone has been completed. It is stated that in regard to the construction of in-take well-cum pump house, the work is awarded to Mr.Kannan on a joint venture with M/s. Naveen Construction. Agreement is executed on 6.1.2012 and intended for completion on 5.2.2013. In regard to package 1B, that is laying of 90,300 Mtrs. of 1000 Mm. diameter of HDPE pipe from the water in-take plant to the water treatment plant at Karumadi, though the tenders were invited on 3.10.2008 and re- tendered on 16.2.2009, there was only a single qualified tenderer. But since the rate was high, it was decided to re-tender the said work after splitting into 3 reaches. In order to obtain competitive rates as suggested by the Chief Technical Examiner, re-tenders were issued on 29.12.2011. In regard to package 3 i.e. supply and laying of pipes from the water treatment plant to various GL pumps in the rural area of eight Panchayats and in the Alappuzha town they are broadly divided as package 3A, 3B, 3C, 3D and 3E, the works had already been awarded and the work is in progress. In regard to package 4 i.e. supply and laying of distribution of pipes in the 8 Panchayats, the work was awarded in 11 packages on 16.1.2009. In regard to one package, the work was approved and completed. In regard to the balance 10 packages, the work had to proceed based on the progress in respect of other items of work. It is therefore submitted by the Government that substantial time had been taken on account of various factors as there was a change in the funding agency and the estimate from time to time which resulted in the delay. But still all attempts are being made to complete the work and necessary fund had been allocated for completing the project. It is stated that except for package 1B, all other work had been awarded and the work is expected to be completed as early as possible.