SHAJI P.M Vs. STATE OF KERALA

JUDGEMENT

(1.) The Petitioner has filed this Public Interest Litigation challenging the award of tenders by the Irrigation Department of the Government of Kerala, primarily on the ground that the grant of tenders has resulted in substantial loss to the State exchequer.

(2.) We have heard learned counsel for the parties. Two learned Special Government Pleaders have appeared, one for the Finance Department of the State, and the second for the Irrigation and Water Resources departments of the State.

(3.) The State of Kerala took cognisance of the fact that the storage capacity of the majority of the reservoirs in the State has reduced over the years on account of sedimentation and constituted a committee to prepare draft Standard Operating Procedures (SOP) for desiltation of the reservoirs in Kerala. The Committee prepared the draft Standard Operating Procedure (SOP), which was duly published. The draft SOP dealt with the estimation of quantities of components in the deposited sediments, the technology to be employed, environmental concerns, and the method for calling tenders for the work. In the case of outright sale of sediments, bids were to be accepted above the value of the component materials, as determined by the prevailing Local Market Rate of the Public Works Department.