Karnataka High Court
Sri Venkatesh G. @ Venkatesh Bhusanam vs The State Of Karnataka on 10 July, 2023
Bench: Chief Justice, M.G.S. Kamal
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NC: 2023:KHC:24101-DB
WP No. 23075 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 23075 OF 2022 (GM-TEN)
BETWEEN:
SRI. VENKATESH G. @ VENKATESH BHUSANAM
S/O GANGADHARAPPA
AGED ABOUT 44 YEARS
RESIDING AT 5TH CROSS
T B NARAYANAPPA LAYOUT
OPP TO FOREST OFFICE
NEAR T.B. CIRCLE
Digitally DODDABALLAPURA-561 203.
signed by
SUMA B N
Location: ...PETITIONER
High Court
of Karnataka (BY SRI. NARENDRA BABU B K.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY TO GOVERNMENT.,
VIDHANA SOUDHA
BENGALURU-560 001.
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NC: 2023:KHC:24101-DB
WP No. 23075 of 2022
2. THE SECRETARY (UDD) (M AND UDA)
URBAN DEVELOPMENT DEPARTMENT
KARNATAKA GOVERNMENT SECRETARIAT
ROOM NO.435, VIKASA SOUDHA
4TH FLOOR
BENGALURU-560 001.
3. CHIEF ENGINEER
DIRECTOR OF MUNICIPAL ADMINISTRATION
VV TOWER, 10TH FLOOR
BENGALURU-560 001.
4. DIRECTOR
DIRECTOR OF MUNICIPAL ADMINISTRATION
VV TOWER, 10TH FLOOR
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. S.S. MAHENDRA, AGA FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
a)ISSUE WRIT OF MANDAMUS TO THIRD RESPONDENT TO
CONSIDER ANNEXURE-B DATED 01/08/2022 AND ANNEXURE-F
DATED 06/09/2022. b) TO QUASH ALL THE TENDERS
ACCEPTED BY THE TENDER APPROVAL COMMITTEE IN
IMPLEMENTING THE SCHEME NAGAROTHANA PHASE-4, AS PER
ANNEXURE-"A" VIDE ORDER NO.UDD 124 SMS 20-21,
BANGALORE DATED 14/01/2022 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE., MADE THE FOLLOWING:
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NC: 2023:KHC:24101-DB
WP No. 23075 of 2022
ORDER
Heard learned counsel for the petitioner and learned Additional Government Advocate for the respondent Nos. 1 and 2.
2. The present petition styled as Public Interest Litigation is filed with the following principal prayers ;
"(a). Issue writ of mandamus to third respondent to consider Annexure-B dated 01.08.2022 and Annexure-F dated 06.09.2022.
(b) To quash all the tenders accepted by the tender approval committee in implementing the scheme Nagarothana Phase-4, as per Annexure-
A vide order No.UDD 124 SMS 20-21, Bangalore dated 14.01.2022".
Annexure-B is placed on record at page 96 which is a complaint made by the petitioner to the Chief Engineer, Directorate of Municipal Administration with a request to take immediate action against certain officers and then -4- NC: 2023:KHC:24101-DB WP No. 23075 of 2022 under reference it is stated to stop tender process of 254.94 crores Civil works called by DUDC, Bangalore Rural District with respect to Nagarothana Phase-4 grant allotted to Bashettihalli Town Panchayath and Doddaballapura Nagara Sabhe.
3. Learned counsel for the petitioner repeatedly submitted before this Court that the said officers without following the guidelines undertook the process of issuance of tenders and in response to the tender notices the willing bidders submitted responses and successful bidders were allotted the work orders.
4. On a specific query to the learned counsel for the petitioner that whether these guidelines having any statutory force, he only invited our attention to the grounds made in paragraph 21 of the memorandum of petition and submits that technical committee and -5- NC: 2023:KHC:24101-DB WP No. 23075 of 2022 Executive Engineers of the State has to follow the guidelines of the KPWD Code, which reads as under;
Sl. As per guidelines Violations
No.
1 To inspect all work places and Engineers preparing
prepare road estimates estimates without
conducting traffic survey,
Projects for construction of new roads Field survey, CBR test of shall generally be accompanied by the soil and pavement design following documents and shall be in based on design life. accordance with standards provided in KRBS, IRC and BIS & MORTH Estimate sanctioning Specifications. (a) Report including a Authorities giving brief note on the existing and technical sanctions to proposed alignment & gradients. (b) estimates without Traffic studies and pavement design checking any of these based on design life. (c) Abstract violations. estimate of cost. (d) Longitudinal - section & cross section drawings at suitable intervals depending upon the terrain as detailed in Survey, chapter of this code. (e) The Longitudinal -
section drawings shall invariably be marked with the proposed formation level, gradients, Radius of curves, position of CDs /bridges etc., (f) Index map (g) Plans of all CD works (The Public Works Department Code.
clause.103.1 p.78) 2 Estimate for construction of new roads Estimate not showing shall be comprehensive clearly projected design life, indicating the necessity of the work, alignment and strip plan type and volume of existing traffic, of road, type of surface, projected design life, alignment and construction of cross strip plan of road, type of surface, drainage works, traffic construction of cross drainage works, intersections etc. traffic intersections, traffic islands wherever required, medians, designed Estimate entry and exit for road or roads to Sanctioning adjoining towns or villages, lane Authorities giving -6- NC: 2023:KHC:24101-DB WP No. 23075 of 2022 markings, pedestrian crossings, foot technical sanctions to paths for pedestrians and side estimates these shoulder drains in urban/village limits, without checking any roadside trees, all mandatory traffic violations signs as per IRC specifications and maintenance during construction. (The Public Works Department Code, clause. 103.2 p.78) 3 To inspect all work places and Engineers prepare Drain estimates preparing estimates To identify urban drains a) Primary without taking levels, drains b) Secondary drains & c) calculate discharge of Tertiary drains. Design of drainage drains & without system involves Calculation of total preparing drawings for discharge that the system is required each Drain. to drain off, fixing the dimensions and slope of the drain to have adequate Estimate capacity to carry the discharge Sanctioning considering Time of concentration & Authorities giving Rainfall intensity of the area. technical sanctions to (Drainage design clause sanctioning estimates these
6.IRC:SP:50-2003) without checking any violations.
Except the above, nothing placed on record enabling us to accept the submission that these guidelines are having any binding force or the guidelines are of any mandatory nature.
6. Per contra, learned Additional Government Advocate appearing for the State Government referring to statement of objections submits that the guidelines are -7- NC: 2023:KHC:24101-DB WP No. 23075 of 2022 formed in accordance with Indian Road Congress Code and are strictly adhered to before allotment of contracts. The prerequisites adherence to the aspects such as survey, technical report and estimates are also strictly followed.
The volume of traffic for newly constructed roads which is one of the requirement as per Indian Road Congress Code, are also taken into consideration as per paragraphs 7 and 8, and it reads thus;
"7. It is submitted that the traffic volume for newly constructing roads are considered based on traffic volume calculated as per IRC:SP-72-2015 6 (where no road is existing at present, the estimation of the amount of traffic over the design life cannot be made directly on the basis of traffic counts. In such cases, it would be as per IRC:SP-72-2015 6 expedient to carry out traffic counts on an existing road, preferably in the vicinity with similar conditions). The traffic date were collected as a base from vicinity of roads executed by others.
8. It is submitted that, since, in most of the internal road of Urban Local Bodies, the movements of heavy vehicles or goods carriers or vehicle with more axle loads are very less or rarely met with. Hence, conducting traffic survey in such road is not going to fetch technical inputs. As such, traffic survey was not made in most of the roads (except major roads).
7. Learned Additional Government Advocate referring to the paragraph 5 of the statement of objections -8- NC: 2023:KHC:24101-DB WP No. 23075 of 2022 submits that contracts had already been awarded to the contractors and pursuant to the said tender notification progress of 20% to 30% work had been already completed. He further submits that the petitioner has not made those successful bidders and contractors as party-
respondents in the writ petition to whom the contract is awarded.
8. Thus, in our opinion, the petition- Public Interest Litigation suffers from more than one lacuna. As such, we are unable to entertain the petition. Resultantly, petition is dismissed.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE RU