Court raps BDA on flyover delays

Court raps BDA on flyover delays
Deccan Herald

The High Court said the BDA must consider public interest involved in the expeditious completion of projects.

The Karnataka High Court on Wednesday held the Bangalore Development Authority responsible for the delay in completion of the Airport Road flyover and the Jayadeva grade separator. The court set aside the BDA order that terminated the contract given to a private company in 2003 to construct the two structures.

Describing the BDA’s action as “not motivated by public interest”, the Division Bench comprising Justice S R Nayak and Justice V Jagannathan opined that the reason for terminating the contract given to UP State Bridge Construction Corporation Limited (UPBCCL) “is best known to the BDA”.

Just last week, the BDA announced that East-Coast Construction Corporation and Gamon India Ltd were chosen as the companies to execute these two projects, pending court approval. Though the companies were not finalised, they were chosen after re-tendering the contract. The BDA’s latest promise had been that construction of the two flyovers would start this week.

While the BDA admitted to and regretted delays in the two projects, it said the work would be completed in eight months. The first contractor, UPBCCL, had moved court again after a single-judge Bench dismissed its petition in which the company had challenged the termination letter issued by the BDA on Feb 21.

The BDA had awarded the contract to UPBCCL on January 27, 2003, entrusting the construction of a flyover at the Airport Road-Ring Road intersection, a grade separator at Dairy Circle and another flyover and grade separator at the Jayadeva Institute junction. The BDA had fixed April 30, 2004, as the deadline.

However, UPBCCL, after the deadline had expired, sought more time as it could not complete the projects within the specified schedule. During that period, the BDA had asked the company to make certain changes in the designs of the flyovers and the grade separator.

Finally the BDA issued a fresh notification on February 15, 2005, fixing June 30, 2005 as the new deadline to complete the project. Meanwhile, the Jayadeva grade separator was completed.

But the BDA suddenly issued a termination letter on February 21 cancelling the contract with UPBCCL.

Taking serious note of this, the Bench said, “There is not even a scrap of paper to show what transpired between February 15 and 21, 2005. When the company had undertaken to complete the remaining work at a cost lower than that quoted by the BDA, we fail to understand the logic behind the BDA’s refusal to accept the company’s offer,” the judges said.

The Bench said the BDA’s action has led to considerable delay in completion of the projects.

“The BDA’s action should be aimed at securing the welfare of the people. The work entrusted to the company is not one which any Tom, Dick and Harry could do. It required special knowledge and skill and hence contractors cannot be changed like changing clothes,” the court observed.