JAYANTI DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) ALLEGING several illegalities and irregularities committed by Larsen & Tubro Limited (hereinafter referred to as "the L&T Company") in constructing sewerage works at Cuttack town, the petitioner, who is a public spirited person, has filed this writ petition.

(2.) ADUMBRATED , in brief, the case of the petitioner is that the Commissionerate of Police has not kept a vigil on the functioning of L&T Company, which is the authorized contractor of Japan International Cooperation Agency (in short, "the JICA"), resulting in the public inconveniences. The petitioner made an application under the Right to Information Act on 26.4.2014 seeking information from the Deputy Commissioner of Police, Cuttack about the permission granted by the police to JICA and the role and responsibilities of the Commissionerate of Police regarding maintenance of law and order and traffic jam. The reply given by the Assistant Commissioner of Police (Traffic) reveals that the L&T Company, opposite party No. 5, flouted the permission granted by the police. It is further stated that neither the L&T Company nor the Commissionerate of Police so also the contractors, who are engaged for construction work of JICA project, have not taken into consideration the problem faced by the people of Cuttack city. In fact in para -7 of the writ petition, the petitioner has given a vivid detail of the illegalities and irregularities committed by the aforesaid agency. With the factual scenario, the petitioner has prayed, inter alia, to stop the project work of JICA in Cuttack city in monsoon season, cover all ditches/holes made by JICA before monsoon every year for public safety, to constitute a committee to look into the affairs of the JICA project and to formulate a contingency fund of L&T Company which shall be 20% of the project cost in the event of any damage or untoward incident caused due to project.

(3.) THE Cuttack is a millennium city. It has several problems. The conditions of the road and drain in most part of the city are in deplorable condition for which in some parts of the city, the people are living in an unhygienic condition. There is no water sewerage treatment plant. To obviate these difficulties, JICA is funding through Government of India to the OISIP to execute three types of works in Cuttack city. The sewerage work is being undertaken by L&T Company through OWSSB. The agreement dated 30.01.2013 entered into between the OWSSB and L&T Company shows that the work is to be completed within 36 months. It is a big project. At the time of execution of the work, people face immense difficulties. As would be evident from the contents of the counter affidavit, sufficient steps have been taken by the L&T Company to avoid the accident. The L&T Company has also conducted several awareness camps and deployed its personnel at the working site to prevent any untoward incident. Thus it is too early to come to a definite finding that L&T Company is not executing the work in a proper perspective. But then, one fact cannot be lost sight of. At the time of construction, the L&T Company used to dig holes. If an untoward incident happens, then precious life will be lost. To avoid the said untoward incident, we direct that, apart from providing required number of display boards pertaining to diversion of traffic at the working sites, the opposite parties shall also take steps for proper illumination during night and provide sufficient number of security personnel to avoid traffic congestion. We further direct the opposite parties to take sufficient precautionary steps to avoid water logging during monsoon.