M.T.THANKACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Applicants are accused Nos. 1, 2 and 4 in V.C.No.1/2019 of the Vigilance and Anti Corruption Bureau, Ernakulam Unit, for offences punishable under section 13(1)(d), read with section 13(2) of the Prevention of Corruption Act and Sections 409, 420, 511 of 366, 34 and 120B of the Indian Penal Code.

(2.) The essential facts of the case for the purpose of consideration of the above bail applications, are as follows: To reduce the acute traffic congestion felt in the National Highway-66 at the Palarivattom junction, Ernakulam, the Government by G.O.18/2014 approved a detailed project report of Kerala Road Fund Board (KRFB) to construct a Flyover at Palarivattom. Administrative sanction was granted by the Government on 31/10/2013 for Rs.72.6 Crores and directed to meet the expenses from the Kerala Road Fund Board (KRFB). Technical sanction was granted on 4/11/2014 for a sum of Rs.47.70 Crores for the construction of the fly over, excluding land acquisition with RCC girders and 17 spans. Kerala Roads and Bridges Development Corporation, Kochi (RBDCK) was the implementing agency. It was responsible for the monitoring, physical verification of the project, ensuring the quality of construction and timely completion of the work. The Kerala Industrial and Technical Consultancy Organization (KITCO), an accredited agency of the Kerala Government was appointed as the project management consultant. The detailed project report and estimate report was given by KITCO, which also prepared the tender document. RBDCK invited tenders, to which three tenderers responded. Technical bid as well as the financial bid were opened by the RBDCK and after processing it, forwarded to KITCO, for evaluation. Thereafter, with their approval, the tender of M/s. RDS Project which had quoted Rs.41,27,98,842 was approved and they were awarded the contract, to be executed as EPC(Engineering, Procurement and Construction) mode. An agreement for Rs.41.27 crores was entered into on 4/3/2013, with completion period of 24 months and a defect liability period of three years, from the date of completion. The foundation stone for the project was laid on 1-4-2014 and major structural work was over before May 2016. In the meanwhile, on 9/6/2014, contractor requested for sanctioning an advance of Rs.8 Crores, which was sanctioned by the Government recoverable with 7% interest from the bills payable to the contractor.

(3.) After completion of the work, project was opened for traffic on 12/10/2016. It emerges that, within few weeks after re-opening, surface undulation developed and pot holes appeared. Though repair works were done by RDS, it did not last long. Since serious doubts were raised about the quality of construction, detailed inspection was conducted. It revealed serious defects on the bridge. Hence, the road was closed for traffic. RBDCK requested IIT, Chennai to conduct a study and to give a detailed report. A detailed site inspection was done, samples were collected and a detailed report was submitted. In the meanwhile, the Government requested Sri.E.Sreedharan, the Principal Advisor, Delhi Metro Rail Corporation to inspect the flyover and to give a report. He, along with the experts conducted a detailed site inspection and submitted a detailed report. On the basis of the inputs, the Government is stated to have decided to dismantle a substantial part of the flyover incurring huge expenses.