Kerala High Court
Suo Motu vs State Of Kerala on 31 March, 2023
Author: S. Manikumar
Bench: S.Manikumar, Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 31ST DAY OF MARCH, 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 36183 OF 2022
PETITIONER:
SUO MOTU PIL INITIATED BY THE HIGH COURT
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE PRINCIPAL SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
3 THE DISTRICT COLLECTOR/CHAIRMAN OF HOSPITAL DEVELOPMENT
SOCIETY, CIVIL STATION, KAKKANAD, ERNAKULAM - 682030.
4 THE CORPORATION OF COCHIN,
REPRESENTED BY ITS SECRETARY, KOCHI MUNICIPAL CORPORATION,
PB NO-1016, COCHIN, ERNAKULAM - 682011.
5 THE DIRECTOR OF HEALTH SERVICES,
DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION,
THIRUVANANTHAPURAM - 695035.
*6 THE SECRETARY, HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
* IS IMPLEADED AS PER ORDER DATED 15/03/2023 IN WP(C) 36183/2022(S)
BY SENIOR GOVERNMENT PLEADER SRI. S.KANNAN
BY ADV. SRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL CORPORATION
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.03.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C): 36183/2022 -:2:-
JUDGMENT
S. Manikumar, CJ Instant suo motu writ petition has been initiated, on the basis of a news report dated 01.11.2022, published in Malayala Manorama daily, as regards flooding of major areas of Kochi. In the said report, it is stated that due to the torrential rain caused by the arrival of North Eastern monsoon, major areas of Kochi city, including the General Hospital area, were flooded in the eve of 31.10.2022, and that, helpless patients in the Government Hospital faced the burnt of monsoon fury, due to the incessant flooding of the casualty, MRI and Cath Lab areas. Earlier, the KSRTC Bus Stand was also waterlogged. The only respite was the fact that the rains subsided within a few hours, thereby enabling the flooded water level to recede and drain off.
2. On 15.11.2022, the then District Collector, Ernakulam, has filed an affidavit, wherein it was stated as under:
A. This Hon'ble High Court was pleased to initiate the above writ petition, suo motu, consequent to the inundation experience in the City of Kochi, more particularly at the Government General Hospital, Ernakulam and at the KSRTC bus stand, Ernakulam on 31.10.2022, as is reported in Malayala Manorama daily dated 01.11.2022.
B. It is respectfully submitted that the State of Kerala has been experiencing extreme and heavy climatic changes WP(C): 36183/2022 -:3:- from the year 2015, onwards, consequent to the global warming. Concentrated heavy and incessant rains have become a common phenomena, during monsoon and even in the summer season. As the City of Kochi/Ernakulam is having a mean sea level ranging from 1 to 4 meters, the coastal tiding phenomenon affects the natural flow of the water towards the backwaters.
C. The City of Kochi has a wide network of major and minor canals and drains, so as to let out storm water to backwaters. Consequent to natural and also civic causes, siltation and accumulation of debris has been caused in the said network, resulting in delay in draining out of storm water from the city grounds and roads to the backwaters.
D. At the instance of this Hon'ble Court, more particularly in Writ Petition (Civil) No. 23911 of 2018, the Government had launched the project, 'Operation Breakthrough', to mitigate the flooding/water logging situation experienced in the City of Kochi. Phases I and II of the project, 'Operation Breakthrough' have been successfully completed. The works carried out under the said project were constantly monitored and evaluated by this Hon'ble Court more often on a weekly basis. Now that Phase III of the aforesaid project is underway and that rejuvenation of Mullassery Canal alone is yet to be completed, for want of shifting of drainage and water supply lines from the Mullassery Canal. Steps are also being pressed into service to desilt the canal and the connected drains, after clearing encroachments.
E. In compliance of the directions of this Hon'ble Court in Writ Petition (Civil) No. 23911 of 2018 as contained in interim order dated 16.09.2022, a committee has been constituted of all stakeholders, concerned, with this respondent as its Chairperson. The committee has been convened at the instance of this respondent and reports are being filed periodically before this Hon'ble Court in Writ Petition (Civil) No. 23911 of 2018. The committee had deliberated over various measures required to prevent water logging within the City of Kochi. These include the following common points of action;
WP(C): 36183/2022 -:4:-• Regular desilting/clearing of major and minor canals and drains in the City.
• Regular removal of debris and vegetation • Shifting of water supply lines from Mullassery Canal • Completion of Operation Breakthrough Phase 3- Mullassery Canal • Formation of Link Canal from M.G. Road to the Backwaters.
• Rehabilitation of P&T Colony
• Regular inspection and clearing of drainage inlets
• Quality Monitoring of works done by all
stakeholders
• Regular inspection and penal action against
offenders
• Institution of Emergency Response Teams
• Creating public awareness
• Formation of Master Drainage Plan for the City.
F. In continuation of the same, on 31.10.2022, the 3 rd respondent in her capacity as the Chairperson of District Disaster Management Authority, Ernakulam issued Exhibit-R3(a) order dated 31.10.2022, requiring all the stakeholders to effectively implement the measures deliberated and decided by the committee, as an action plan, to ensure that problems are effectively mitigated. It is also submitted that on effective implementation of Ext-R3(a) order and the measures enumerated therein, inundation experienced in the Kochi city can be averted. G. The inundation experienced in the City of Kochi on 31.10.2022 was consequent to the concentrated, extreme and incessant rains that were the City of Kochi more particularly in the received therein. On 31.10.2022, the area covered by the above Writ Petition received incessant rains of 75 Mm. Water had receded, WP(C): 36183/2022 -:5:- soon after the rain was over. All earnest efforts are pressed into service by this respondent to ensure that such circumstances are not recurred in future. H. Insofar as the water logging reported near KSRTC bus stand is concerned, the Southern Railways and the Corporation of Kochi has been required to initiate civil works to clear water logging in the land pertaining to the railways, which lies east of the KSRTC bus stand, which in turn will help in mitigating the water logging of the area. Insofar as the water logging reported at the Government General Hospital, Ernakulam is concerned, necessary steps have been taken to ensure that the storm water in the area is channeled effectively to the backwaters.
I. All along, the 3rd respondent is taking all earnest efforts to prevent and abate such unfortunate events, as is reported on 31.10.2022, which had resulted has been institution of the above suo motu Writ Petition.
3. Proceedings of the Chairperson, DDMA & District Collector, Ernakulam dated 31.10.2022 [Exhibit-R3(a)], is reproduced:
"PROCEEDINGS OF THE CHAIRPERSON, DDMA & DISTRICT COLLECTOR, ERNAKULAM
---------------------------------------------------------------------------------- No.DCEKM/445307/2021/D.2 Dated: 31.10.2022
---------------------------------------------------------------------------------- Sub:- Kochi City - flooding in City Limits - Mitigation Measures
-Maintenance & Monitoring of the City Drainage System- Implementation of Action Plan - Assignment of Duties to various Agencies/Departments - Orders issued.
Read: 1. Orders of the Hon. High court of Kerala in WPCs No.23911/2018, 24027/2021, 17185/2022 and connected cases dated 16.09.2022 & 29.09.2022.
2. District Collector's Proceedings of even no. dated 22.09.2022 & 11.10.2022.WP(C): 36183/2022 -:6:-
1. The Hon, High Court of Kerala had been pleased to issue Orders as read in Paper 1 above, constituting a Committee of competent officials of various Agencies/ Departments involved in the civic/ developmental activities of the Kochi City, to observe, co ordinate and monitor the maintenance of the city drainage system. for the ultimate purpose of mitigating the flooding caused in the city limits due to heavy and incessant rains during monsoon seasons.
2. As read in Paper 2 above, formal orders, forming/ expanding the Committee, have beer issued, designating competent officers from the Agencies/ Departments to co ordinate the efforts, as ordered by the Hon. Court. Further to the discussions/ deliberations taken by the Committee, the following directions are hereby issued to the represented Agencies/ Departments, for the effective implementation of the Action Plan to mitigate the flooding in city limits during continual rains and other excessive circumstances:
Sl. No. Action to be Taken Agency/Department 1 Periodical de silting and The Secretary/ The clearing of all major/ minor Executive Engineer, canals and drains of the city Corporation of Kochi Clearing of debris and vegetation - Prevention of civic waste/ plastic dumping -
Streamlining of Waste Removal
- Clearing of encroachments Joint Patrolling with police authorities - Penal Action against offenders WP(C): 36183/2022 -:7:- WP(C): 36183/2022 -:8:-
3. In addition to the above, combined efforts shall be made by the above Agencies/ Departments in the regular inspection, de silting/ clearing/ cleaning of the major & minor canals and drains in the city, removal of debris and vegetation along the city road stretches, cleaning/ clearing of drainage inlets, clearing of encroachments, etc. as and when required.
4. The Quality of work done shall be ensured through periodical inspection, evaluation and rectification of defects of the works undertaken by each Agency/ Department.
5. All Agencies/ Departments shall act in unison with the District Information Officer in launching a Public Awareness Campaign, to inculcate among the city population, the need to ensure constructive use of civic facilities and to prevent dumping of waste/ plastic etc. in public places.
6. Emergency Response Teams shall be constituted with the representation of all Agencies/ Departments involved and these Teams shall be strategically placed at different/ identified zones of the City for ensuring immediate action during heavy rains or similar situations. The Secretary, Corporation of Kochi shall be the Nodal Officer for these Teams. The Teams will be formed immediately and details given to the District Administration, Media and general public.
7. Each Agency/ Department shall forward to the DDMA, Ernakulam the detailed work schedule for each of the works assigned above, before 05,11.2022.
8. The weekly Action Taken Report on the above assignments shall be furnished to the DDMA at [email protected] every Saturday of the week, beginning from 05.11.2022, without fail. The same shall be reviewed on alternate weeks through online/offline as convenient or as and when required, in specific circumstances.
Sd/-
Chairperson, DDMA & District Collector, Ernakulam."
WP(C): 36183/2022 -:9:-4. On 19.11.2022, the Secretary of Kochi Municipal Corporation has filed an affidavit, inter alia, contending as under:
A. It is submitted that the General Hospital and its Buildings are maintained by the Public Works Department. There is no flooding in the Hospital Road, T.D.Road, Park Avenue Road. The obstruction to the flow of water in the drains inside the Hospital is the main cause of flooding inside the Hospital. The said drains are maintained by the PWD.
B. It is further submitted that even though pre-monsoon cleaning was carried out by the 4 th respondent, from 01/11/2022, the Municipal Engineering department and Health department is carrying out cleaning of the drains in the flood affected areas. Silt are removed from the drains in Banerji Road, M.G.road, Madhava Pharmacy Junction to Thevera by the 4th respondent. At many places, water flow to the canals is obstructed due to the accumulation of Hotel wastes, Plastic wastes and also due to the unscientific construction of footpaths by KMRL/ CSML. It was found that plastic wastes accumulated in the cables of the KSEB, pipes of Kerala Water Authority, Sewage Pipes were one of the reasons for flooding. The gratings in the outlets were blocked by accumulation of plastic and other wastes. The obstructions to the water flow in the drains are removed by this the 4th respondent.
C. It is further submitted that the 4 th respondent is taking all earnest steps to clean the drains, so as to avoid further WP(C): 36183/2022 -:10:- flooding in the city As per the directions of this court in WPC No. 23911/2018, the drains in the MG Road were cleaned and the said is monitored by the Amicus Curiae appointed by this Court in the above numbered Writ Petition. It was found during cleaning that that many of the Hotels in the city are discharging solid wastes directly to the drains and on the basis of the said report, the 4 th respondent issued notices to temporary close down the Hotel until proper waste treatment plants are installed.
D. It is further submitted that the 4 th respondent is taking all earnest efforts to properly discharge the duties caste upon it. There is no willful negligence on the part of the 4th respondent. It is also submitted that as per the interim orders in WPC No. 23911/2018, a committee has been constituted and the District Collector, who is also the Chairman as per Disaster Management Act, is monitoring the works done by the 4th respondent.
5. The 3rd respondent has filed an additional affidavit on 01.12.2022, wherein it was, inter alia, contended as under:
"A. Consequent to the inundation experienced in the premises of the Government General Hospital, Ernakulam, on 31.10.2022, a Committee of the agencies and departments, was formed, who was directed to conduct inspection of the area in and around the General Hospital, Ernakulam and to submit a report to this deponent The said committee consists of the following members;WP(C): 36183/2022 -:11:-
I. The District Medical Officer- Health, Ernakulam. II. The Executive Engineer, Roads Division, Public Works Department, Ernakulam.
III. The Executive Engineer, Buildings Division, Public Works Department, Ernakulam.
IV. The District Officer, Fire and Rescue, Ernakulam. V. The Secretary, Corporation of Kochi.
The committee conducted a joint site inspection on 25.11.2022 and submitted a report before this deponent.
B. As is seen from the report, in the inspection, it was found by the committee that the ground level of the Government General Hospital, Ernakulam and its premises is now lying lower than the level of the roads, leading to the hospital. Further it was found that clogging of the drains in the area and inside the premises of the hospital had been the reason for the inundation.
C. Noticing the report, the 3rd respondent on 28.11.2022 has directed the Corporation of Kochi, the Cochin Smart Mission Ltd., Public Works Department - Roads Division and Buildings Division, Ernakulam, to act in liaison with the District Medical Officer - Health, Ernakulam to complete the desilting and cleaning of the entire drains within the premises of the hospital and to remove debris there from within a period of two weeks. Over and above, the authorities were further directed to continue with the aforesaid work of desiting and cleaning, periodically on a regular basis. This deponent has also issued necessary WP(C): 36183/2022 -:12:- directions to prepare detailed proposals and estimates for the renovation/reconstruction of the drains falling within the premises of the hospital compound. On receipt of the proposals and estimates, as stated afore, the same shall be taken up, at the instance of this respondent. It is respectfully submitted that desilting and cleaning works are underway within the premises of the Government General Hospital, Ernakulam.
D. Insofar as the water logging reported near KSRTC bus stand is concerned, the KSRTC Public Works Department - Roads Division, Ernakulam and the Corporation of Koch has been directed on 28.11.2022 to complete the desiting and cleaning of the drains in and around the bus stand, within a period of two weeks. Over and above, the authorities were further directed to continue with the aforesaid works of desiting and deaning, periodically, on a regular basis. Since the KSRTC Bus stand and its premises lies adjacent to the property of the Southern Railways, the railway authorities have also been directed to co-operate with the aforesaid work of desiting and cleaning.
E. Since the monsoon is on the wane, the Cochin Smart Mission Ltd., Kochi, Kerala Metro Rail Ltd., Public Works Department - Roads Division, Ernakulam and the Corporation of Kochi has been directed by the 3 rd respondent to ensure end-to-end desiting/cleaning of the drains, within the city, periodically, using modern technologies.WP(C): 36183/2022 -:13:-
F. In his capacity as the District Collector, Ernakulam and the Chairperson of the District Disaster Management Authority, Ernakulam and the Chairperson of the Hospital Development Committee of the Government General Hospital, Ernakulam, the 3rd respondent is personally monitoring the works being carried out in the aforesaid premises. All steps are being pressed into service, at the Instance of the 3rd respondent, to avert any further inundation, in future.
G. It is respectfully submitted that the 3 rd respondent and the officials under the 3rd respondent are taking all earnest efforts to comply with the statutory prescriptions and duties casted on them. It is reiterated that all efforts shall be taken from the district administration to avert such Inundation, as was reported on 31.10.2022.
6. Further, the 3rd respondent has filed an additional affidavit on 19.12.2022, wherein it was stated as under:
"A. The Committee exclusively constituted by the 3 rd respondent, with the agencies and departments, concerned, owing to the inundation experienced in the premises of the Government General Hospital, Ernakulam, on 31.10.2022, conducted another round of joint site inspection on 12.12.2022. On inspection, It was reported by the committee that the clearing of the clogging of drains in the area in and around the hospital compound, which was directed to be carried out by the Corporation of Kochi WP(C): 36183/2022 -:14:- was found to be effective and that the premises are now free of water logging, during the subsequent rains.
B. The 3rd respondent had given necessary directions for preparing detailed proposals and estimates for the renovation/reconstruction of the drains inside the compound. The PWD - Buildings Division has been directed to survey the entire area and to prepare the proposal and estimate for the reconstruction of the premises, including renovation of drains and to file a report, along with the detailed proposal and estimate within a period of two weeks from 12.12.2022, before the 3rd respondent. The Fire and Rescue Department has been directed to administer a total safety audit of the hospital and its premises and to file a report in that regard before the 3rd respondent, within a period of one month from 12.12.2022.
C. The Hospital Development Committee has been directed to engage a civil engineer and two site supervisors for regular monitoring of the civil works which will be executed within the premises of the hospital. They will regularly inspect all sites within the premises and shall report the same to the Superintendent, General Hospital. They will closely monitor the progress of the works and shall ensure prompt completion, as well.
D. The Corporation of Kochi has been directed to arrange to clean/clear the Corporation drains, including cross culverts around the hospital premises, periodically to WP(C): 36183/2022 -:15:- ensure prompt flow of storm/waste water through the drains. The Hospital Development Committee has been directed to engage proper methods for disposing the waste materials from the premises of the hospital. Further the Corporation of Kochi has been directed to issue notice of eviction to the shops which were found to be erected on the footpaths, around the eastern gate of the hospital compound."
7. Thereafter, along with a memo, the learned Senior Government Pleader on behalf of the Executive Engineer, PWD, Ernakulam, has made available the estimate report for providing new drainage in the General Hospital compound to avoid water logging, at this office. Said estimate report is reproduced hereunder:
"ESTIMATE REPORT GENERAL-General Hospital-Providing new Drainage in General Hospital compound to avoid water logging-
General Civil Work General Hospital-Providing new Drainage in General Hospital compound to avoid water logging- General Civil Work.
This estimate is prepared for providing new drainage facility inside the General Hospital to avoid water logging inside the compound. As per the letter W.P. (C) No 36183/2022FN/AG CAMP dated 04/02/2022 submitting herewith the estimate for 1:1.5:3 RCC drain with cover slab leading to CSML existing drain having capacity to bear the load of the heavy vehicle. The WP(C): 36183/2022 -:16:- estimate includes Excavation, GSB under PCC 1:4:8, RCC M20 walls, cover slab and relaying Interlocking tile. Total contour surveying is also included in this work to ascertain the levels. Total estimate amount comes to Rs 3,04,30,000/- including Cost Index, Electrical provision, GST 18% and anticipated utility shifting of KSEB, KWA, BSNL etc."
8. Pursuant to the directions issued by this Court, as per order dated 15.03.2023, the Director of Health Services, Directorate of Health Services, Thiruvananthapuram, has produced report dated 21.03.2013. Said report reads as under:
"Report submitted by the Director of Health services before the Honourable High Court in WP(C) NO. 36303/2022/EN/AG CAMP dtd. 15/3/2023.
The Honourable High Court has initiated a Suo Motu Public Interest Litigation regarding the inundation experienced in Kochi more particularly at Ernakulam General Hospital. Honourable High Court has directed to file an affidavit on the estimate report made available by Public Works Department for issuance of administrative financial/technical sanction and for allocation of necessary funds for carrying out civil work for the construction of new drainage system in Ernakulam General Hospital Compound.
PWD CHIEF Engineer, PWD Buildings Division, Thiruvananthapuram, has submitted to this office on 1/3/2023, via e-mail, a detailed estimate of Rs.3 crore 4 lakhs 30,000/- for the construction of new drainage system in General Hospital Ernakulam to avoid water logging.WP(C): 36183/2022 -:17:-
As per current finance year's (2022-23) budget provision, balance amount available in non-plan is as shown in the table given below:
Head of Account Balance
2210-01-10-79 (Minor works) 640745
2210-01-110-55(Maintenance and 129815
Repairs)
2210-80-800-83 (Asset maintenance 30103799
fund)
The above mentioned estimate has been submitted to govt: on 15/03/2023 for receiving administrative sanction in this regard.
Dr. Nandakumar K.V. Director of Health Service"
9. That apart, the 6th respondent, Additional Secretary to the Government, Health and Family Welfare (P) Department, Thiruvananthapuram has filed an affidavit dated 22.03.2023, wherein it stated as under:
"A. It is respectfully submitted that the estimate prepared by the Chief Engineer, Public Works Department, for providing new drainage in the General Hospital compound, Ernakulam to avoid water logging was made available with this department and the same was examined in consultation with the Director of Health Services, Thiruvananthapuram.
B. It is further submitted that as the current financial year is coming to an end by 31st March, 2023 and administrative sanctions have already been given for constructions under the capital head of the Directorate of Health Services, alternative sources of funds have to be identify for the work, 'providing new drainage in General Hospital Compound, Ernakulam'.WP(C): 36183/2022 -:18:-
C. Accordingly, the Director of Health Services, Thiruvananthapuram had furnished a proposal for administrative sanction for the said work, having identified alternative heads. The proposal furnished by the Director of Health Services is being examined by the Government. It is respectfully submitted in that regard it may kindly be noted that concurrence of Finance Department is also required for the entire process.
D. Therefore, it is submitted that the proposal received from the Director of Health Services, Thiruvananthapuram for Issuing administrative sanction for the aforesaid work has been forwarded to Finance Department for immediate remarks. Administrative sanction for the aforesaid work will be issued for getting concurrence from the Finance Department.
E. It is further submitted that this affidavit is filed in compliance of the directions issued by this Hon'ble Court on 15.03.2023 and for the foregoing reasons, this court may pass appropriate orders in the writ petition.
10. Heard Mr. S. Kannan, the learned Government Pleader, and perused the material on record.
11. After considering the statements made in the additional affidavit dated 01.12.2022, filed by the District Collector, Ernakulam -
respondent No.3, on 07.12.2022, a Hon'ble Division Bench ordered thus:
"3. It could be seen from the above that directions have been issued by the District Collector to prepare detailed proposals and estimates for the renovation/ reconstruction of the drains falling within the premises of the hospital compound. It is also stated that on receipt of the proposals and estimates, the work will be taken up at the instance of the District Collector, being the chairperson of the District Disaster Management Authority, Ernakulam, as well as the Chairperson of the Hospital Development Committee of the WP(C): 36183/2022 -:19:- Government General Hospital, Ernakulam. Insofar as the desilting and cleaning works, it is stated that they are almost over.
4. However, we are of the view that since the monsoon is one the wane, renovation/re-construction of the drains have to be done as expeditiously as possible and that there should not be any recurrence of inundation in the hospital.
5. With the above view, we direct the learned Senior Government Pleader to ascertain as to when the proposal and estimate will be prepared and submitted for the above said works.
Post on 20.12.2022."
12. On 13th February, we passed the following order:
"On this day, when the matter came up for hearing, inviting the attention of this Court to letter dated 10.02.2023 of the District Collector, Ernakulam, addressed to the Secretary, PWD, Thiruvananthapuram, and Chief Engineer, PWD Buildings, Thiruvananthapuram, Mr. S. Kannan, learned Senior Government Pleader submitted that a proposal, amounting to Rs.3,04,30,000/- has been made to provide new drainage in General Hospital compound, to avoid water logging.
2. Translated version of the letter dated 10.02.2023 is reproduced:
"LETTER NO. D.2/445307/21 DATED 10.02.2023 FROM THE DISTRICT COLLECTOR, ERNAKULAM ADDRESSED TO
1. THE SECRETARY, PWD, THIRUVANANTHAPURAM &
2. THE CHIEF ENGINEER, PWD, THIRUVANANTHAPURAM - REQUESTING ADMINISTRATIVE SANCTION AND ALLOCATION OF FUNDS FOR THE RENOVATION/ RECONSTRUCTION OF DRAIN NETWORK IN THE ERNAKULAM GENERAL HOSPITAL COMPOUND - FOR WP(C): 36183/2022 -:20:- PREVENTING INUNDATION DURING HEAVY RAINS/ MONSOON SEASON.
"Sir, Sub: Submission of Estimate in respect of the civil works to prevent inundation in the Ernakulam General Hospital Premises for Administrative sanction-reg. Ref: Suo Motu PIL-WPC-36183/2022 The Hon. High Court had initiated a Suo Motu PIL on the basis of media reports regarding the Inundation experienced in the Ernakulam General Hospital premises as a result of the heavy rains which occurred on 31.10.2022.
As per the directions of the Hon. Court In this matter, a Committee, consisting of the District Medical Officer - Health, the Executive Engineer - PWD Buildings, the Executive Engineer PWD Roads, the District Officer, Fire & Rescue and the Secretary, Corporation of Cochin, had been entrusted to prepared detailed proposals and estimates for the renovation/ re construction of the drain network within the Ernakulam General Hospital Compound. Accordingly, the Executive Engineer PWD Buildings, Ernakulam, has prepared a detailed estimate amounting to Rs. 3, 04, 30,000/- [Rs. Three Crores Four Lakhs and Thirty Thousand only] and submitted it to the District Collector. The inundation felt during the heavy rains can be prevented only if the above civil works are executed before the onset of the next monsoon season. As this matter remains under the keen observation of the Hon. Court, it is requested that necessary administrative sanction be kindly accorded and funds allotted to the Executive Engineer, PWD - Buildings, Ernakulam at the earliest. The Estimate submitted by the Executive Engineer
- PWD Buildings, Ernakulam is enclosed.
Sd/-
District Collector, Ernakulam"WP(C): 36183/2022 -:21:-
3. Principal Secretary to the Government, Public Works Department, respondent No.2, is directed to respond to the above letter, within 10 days from today."
13. On 15th March, 2013, based on the statement filed on behalf of the Secretary to the Government, Public Works (E) Department, dated 25.02.2023, we passed the following order:
"Pursuant to our directions dated 13.02.2023, Mr. S. Kannan, learned Senior Government Pleader, submitted a statement, on behalf of the Secretary to the Government, Public Works (E) Department, dated 25.02.2023, which reads as under:
"The works pertaining to General Hospital Ernakulam are executed as deposit works i.e the fund for the works are deposited by the hospital authorities. In emergency situations, works are arranged using the own fund of the PWD. The bed level of the existing drain at the nearby Corporation road is at higher level than the drain inside the hospital compound. Due to this reason it becomes difficult for the rain water to flow out from the hospital compound to the outside drain. The waste water drainage in the General Hospital is maintained by the Hospital authorities. The Hospital Superintendent has reported that, due to heavy rain on 31.10.2022 water entered inside the hospital and the waste water drainage inside the hospital premises filled and there occurred some delay in the water flow through the drainage to outside. Pursuant to the direction issued by the Hon'ble court on 07.12.2022, the PWD - Buildings Division has been directed to survey the entire area within the premises of the Government WP(C): 36183/2022 -:22:- General Hospital, Ernakulam and thereby required to prepare the proposal and estimate for the reconstruction of the drains in the premises, including its renovation and to file a report, along with the detailed proposal and estimate within a period of two weeks from 12.12.2022 to the District Collector, Ernakulam.
According to the direction of the Hon'ble Court, the Executive Engineer of Public Works Department had prepared an estimate for an amount of Rs.3,04,30,000/- and submitted to the District Collector, Ernakulam, and a copy to DMO, Ernakulam. The work had to be completed before Monsoon. Hence, EE has requested for Administrative Sanction for the Work.
As requested by Govt (PWD) C.E Building has been furnished estimate for an amount of Rs.3,04,30,000/- for the above works. In this regard, I am to inform that the Ernakulam General Hospital building is not owned by the Public Works Department (not the asset of PWD). It is owned by the Department of Health. In the circumstances, the estimate furnished by the Chief Engineer (Building) is forwarded to the Health (P) Department to proceed further for granting Administrative Sanction from that Department."
2. That apart, it is submitted that administrative sanction is awaited from the Health Department.
3. Inasmuch as administrative sanction is required from the Health Department, for providing new drainage in General Hospital compound, to avoid water logging, we are of the view that the said Department is also a necessary and proper party for the effective adjudication of the lis.
WP(C): 36183/2022 -:23:-4. Therefore, in exercise of the powers under Article 226 of the Constitution of India, the Secretary, Health Department, Government Secretariat, Thiruvananthapuram, is impleaded as additional 6 th respondent in the writ petition.
5. Mr. S. Kannan, learned Senior Government Pleader, takes notice on behalf of additional respondent No.6. Necessary instructions be obtained from the 6 th respondent.
Post after ten days."
14. When the matter was taken up today, placing reliance on G.O. (Rt.) No.767/2023/H&FWD dated 30.03.2023, learned Senior Government Pleader submitted that administrative sanction has been given by the Government for an amount Rs.3,04,30,000/- for the drainage system work at the General Hospital, Ernakulam, based on the estimate prepared and submitted by the Chief Engineer, PWD.
15. For brevity, said Government order is extracted hereunder:
"GOVERNMENT OF KERALA Abstract Health & Family Welfare Department - WP(C).36183/2022 - providing new drainage in General Hospital Compound, Ernakulam - Administrative Sanction accorded - Orders issued
-------------------------------------------------------------------------WP(C): 36183/2022 -:24:-
HEALTH & FAMILY WELFARE (P) DEPARTMENT G.O.(Rt.) No.767/2023/H&FWD Dated, Thiruvananthapuram, 30-03-2023
------------------------------------------------------------------------- Read. 1. Letter No.DHS/2891/2023-PLA3 dated 15.03.2023 from DHS.
2. Letter No.CE/BL/PL2/EKM/94429/2021_5_6_6 dated 01.03.2023 from CE, PWD Buildings.
ORDER The compound of General Hospital, Ernakulam was fully logged due to the heavy rain on the eve of 31.10.2022. The matter was taken up by the Hon'ble High Court of Kerala as a Suo Motu Public Interest Litigation initiated vide WP(C)No.36183/2022. Based on the direction of Hon'ble High Court, the Chief Engineer, PWD (Buildings) has prepared and submitted an estimate of Rs.3,04,30,000/- including Cost Index, Electrical provision, GST 18% and anticipated utility shifting of KSEB, KWA, BSNL etc. for providing new drainage in General Hospital Compound, Ernakulam to avoid water logging. The Director of Health Services as per letter read as 1st paper above, has recommended the same and requested to accord Administrative Sanction for providing new drainage in General Hospital Compound, Ernakulam to avoid water logging.
2. Government have examined the matter in detail and are pleased to issue Administrative Sanction for an amount of Rs.3,04,30,000/- (Rupees Three Crore Four Lakh and Thirty Thousand Only) for the drainage system work at General Hospital, Ernakulam based on the aforesaid estimate WP(C): 36183/2022 -:25:- prepared and submitted by the Chief Engineer, PWD. The expenditure in respect of the proposed work shall be debited under the h/a '4210-01-110-74-01 - Construction Works under DHS-01-Works-PV'.
(By order of the Governor) TINKU BISWAL PRINCIPAL SECRETARY"
16. Learned Senior Government Pleader further submitted that there is no impediment for the tenders to be floated for the works to be done, in order to avoid inundation of water, and for other repair works stated in the counter affidavits or the reports, as the case may be.
Recording the averments and submissions, we dispose of this writ petition, with a direction to the respondents that tenders be floated for the said works, within a period of three weeks from the date of receipt of a copy of this judgment, and that the same be finalised, as expeditiously as possible. It is desirable that the work should be commenced before the next monsoon season.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
MURALI PURUSHOTHAMAN JUDGE Krj WP(C): 36183/2022 -:26:- APPENDIX PETITIONER'S EXHIBITS:-
P1:- OFFICE NOTES AND ORDERS OF HONOURABLE THE CHIEF JUSTICE DATED 01.11.2022.
P2:- ARTICLE FROM MALAYALA MANORAMA DATED 01.11.2022 AND ITS ENGLISH TRANSLATION.
RESPONDENTS' EXHIBITS:-
R3(A):- COPY OF THE ORDER DATED 31.10.2022 ISSUED BY THE 3RD RESPONDENT.
//TRUE COPY// P.A. TO C.J.