Patna High Court: A Single Judge Bench of Purnendu Singh, J. opined that it was concerned to safeguard the interest of public at large and to prevent the misuse of public money and the exploitation of natural resources in the interest of society and the common people, which had been caused due to laxity of the authority of the State Government and the Contractor. Thus, the Court directed S.P. Singla Construction (P) Ltd. to submit its study report relating to construction work carried out at the bridge construction site and directed the State Government to submit its action taken report on the next date of hearing.
Background
The petitioner claimed to be a public-spirited citizen and the social worker interested in the maintenance of orderliness in the society had filed the present PIL for the issuance of an appropriate writ directing the Government of Bihar to black list the firm namely S.P. Singla Construction (P) Ltd., which was entrusted the task of construction of 23.16 kms long four-lane Sultanganj Aguani Ghat Bridge, out of which 3.16 kms long bridge was being built across the river Ganga since 2-5-2015 at the estimated cost Rs. 1710 crores, part of the bridge had collapsed twice in approximately fourteen months due to faulty structural design and sub- standard material being used in construction.
Analysis, Law, and Decision
The Court stated that it was shocked by the collapse of constructed part of bridge on 4-6-2023 being constructed over river Ganga to connect the Sultanganj, Bhagalpur district and Aguani Ghat in Khagaria district and last year also, while the construction work was going on some structure of the bridge had collapsed on 13-4-2022.
The Court noted that the Bihar Rajya Pool Nirman Nigam Ltd. after open bid had handed over the contract for construction of four lane bridge to connect Bhagalpur district and Khagaria district to the company, namely S.P. Singla Construction (P) Ltd. The Court further noted that as per several newspaper reports, cause of collapse was that the pillars could not support the load of the super structure. The Court observed that the project had started in 2014 and was scheduled to be completed in 2019.
The Court opined that it was concerned to safeguard the interest of public at large and to prevent the misuse of public money and the exploitation of natural resources in the interest of society and the common people, which had been caused due to laxity of the authority of the State Government and the Contractor. The Court directed S.P. Singla Construction (P) Ltd. to submit its study report relating to construction work carried out at the bridge construction site with respect to following details:
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The total length of the bridge; the nature of stream flowing into the site; the nature and behaviour of soil strata for foundation; the construction problems existing with bridges and the impact on the environment as a result of collapse.
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Detailed Project Report of Bridge construction planning, relating to ground survey including the Geologist certificate giving details of the geo-strata. The report relating to the Ganga riverbed’s profile at the site, its rock type and foundation found beneath the site over which the construction of the Bridge was approved by the Geologist and Civil Engineer.
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Model studies and suitable structure found proper for Bridge construction over where the bridge was being constructed.
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Purchase receipt of materials used in the construction work of the Bridge till date.
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The Company was also directed to produce an audited balance sheet and its annual report submitted before the Registrar of the Company relating to the present project from 2014 till March 2023.
The Court opined that the State Government had taken the matter of collapsing of the bridge seriously and had also taken action against its authorities and the Company. Thus, the Court directed the State Government to submit its action taken report on the next date of hearing. The Court further directed the Managing Director of S.P. Singla Construction (P) Ltd. to be present in the Court in person along with his Expert Team on the next date of hearing.
The matter would next be listed on 21-6-2023.
[Lalan Kumar v. State of Bihar, 2023 SCC OnLine Pat 1772, Order dated 14-6-2023]
Advocates who appeared in this case :
For the Petitioner/s: Nagendra Kumar Singh, Chandan Kumar, Advocates
For the Respondent/s: P.K. Shahi, Advocate General; Prabhu Narayan Sharma, AC to AG
