IN 'THE HIGH COURT OF KARHATAKA AT BANGALORE
DATED THIS THE 20'" DAY OF OCTOBER, 2008
PRESENT
mm I-!0N'BLE mm. 9.9. mzmumau, CHIEF
AND
THE HOIPBLE MR.Jus'r:cE:xz.Gg:e.a.§arr.s H:fr
wnrr PETITION No.3s45'o_F*-2007 . A "
__;6805 OF' 2007 [GM,4_'§E8-PH:-_) --
WRIT PETITION No.38-45 1 V
Benvcen:
B. Krishna Bhat, .
Aged about '?5 years; _ .
8/ late B.:'E\ie11jaya,na'-.I3hat,
Nc«399;..U§'AP. Road. %%%%% 14 .
Béngalom-5606385 : Petitioner
(By ~:R,a.ificsh, Advocate)
; 1'. of India,
* By its Secmtaxy,
_V -.ffMi::.1istiy of Road Transport 65 Highways,
_Par_£vahan Building,
" N'<}'.'1, Sansad Marg,
u «NEW BEL}-ii -- 110 001.
2. State of Karnataka,
By its Principak Secretaxy,
Public Works Department,
Vikas Saudha,
Dr. Ambedkaz' Veedhi,
Ba11galore--56O 001.
3. National Highways Authority of India,
By its Chairman, "
G5-6, Sector 10,
Dwaraka,
NEW DELHI -- 110 045.
._ ' Résgiqndents
(Srnt. Veena Jadhav, C.G.S.~(_3. fox*V'I'§'.I,v,. '
Smt. Niioufer Akbar, Additional G_r0'€2i§1'Ift1I"x}.¢1',1f:' Advocate for R2,
M/3 Singhania and Partncrs for R53) ' ' *
Writ ":1,1i€ie1' "Ari1'Clcs 226 85 227 of the
Constit11ticgn of I1'1d_ia.._prayir;g"-t_o dimct R1 to R3 to amend the
repairs of 'National_ Hifghway'=Né.__48 between Sakaleshapura anfl
Uppinangadi, ._II)istric€s ef"H£i3sé;ii and South Canara, in the State
ofKaInataka.' .
*rV1i?$:';*,1:1*_:_oisz.. um. gr 2007
Bé'€sz_véc:n: ' " V
V . V % sadaghisé. mg, '
s./o late "M. {jmééh Rae,
Age-«:1 41 yéaré,
4. _ V V Reaidirxgé at 'Shivam'
Colony,
Kadfi. Temple Road, Kadri,
' -Mangaiom, D.K. -- 5'?5 004 : Petitioner
V Sri K. Rama Bhat, Advocate)
7._ Bangaieee 1.
etc.
And:
1. Union of India,
Represented by its Secretary, .
Ministxy of Shipping, Road Transport as Highways,;"'"~ '
(Depar@ent of Road Transport 8:. Highways)
'Transport Bhavan'
No.1, Parliament Street,
NEW DELHI -- 110 001. I
2. National Highways Authority of,lnd.ia,
Represented by its Chairman, " _ .V
Transpoit Bhavan' "
No. 1, Parliament Street,
NEW DELHX - 110 001..
3. The Chief Engineer, -.
National Highways, V
K.R. Cirtzie, :
BangaIore--56Q _ _ t
4. State of em 2
By its Prineipal Secretary, _
Pubiic Works"Depaxtmei3t,
Vikaeisbndha, V
' ' e-Dr. Anibegzikar Veecihi,'""
: Respondents
(sfiatf C.G.S.C. for R. 1,
— M/s Partnezs for 12.2
Smt. Nilouf.-er Akbar, Additional Government Advocate
_ _for_’R.3 85 52.4}
petition filed under Arécies 226 &, 227 of the
“mien of India praying to direct the respondents to carry out
fj and maintenance work of the National Highway No.48
T particularly between Sakaleshapura and B.C. Road within a fixed
time period before 31*’ Mmch 2008, by concreting the Ghat section
These writ petitions coming up for orders this
delivered the following-
Junensmrr, H %
(Delivered by
1) In Writ Petition No.3846/’23¥§VE(3?. the prayed
for a writ of mandamus di11cc;ting.vAt}ie”§9es§t;z;denté.H’No;1 to 3 i.e.,
Government of Highway Authority
of India to ~ Nafional Highway No.48
(N.H.48) between”Saitoieghapioaé’a£1ti”{J;}f;i11angadi.
2) in writ 16805] 2007 the petitioner has
prayed for _–_ i) of directing the respondents No.1
0111; the and maintenance work of N.H.48
peiiioufierly Sakaleshapura and BL’. Road Within a fixed
of by concreting the Ghat section, ii) to
_:;orzs_titute’ }_E$cpert Committee consisting of specialists fivom
Ii;’s.1;itute of Science, Bangalore, qualified Civil Engineers
L”e3ga’lMI.t1na.ina1’ic$ so as to monitor the zepairing work and to
V. ‘ give: efiggesfions to the NBA! to impiement the above saici Work in a
‘pn;>per manner in a fiiii swing, and iii) to issue direction to the
State and Central Governments not to collect motor vehicle or
any other fees Emm the above said road users till the is
fully completed.
3) The common grievance in thestfc
is that the mad connecting Saiialgshafiuxttxvith t
about 40 kilometers passing stigttor of the
Western Ghats has becomé: tliterefom the
State Transmrt Undertaking, ttxc: to its vehicles
by plying on this has a. circuitous route
passing through 1 District. Similarly, this road
connecting was equally bad; but the
same has ‘misw béén axtiatic tnotorablc. According to the petitioners,
As;1.ué” to .vC0ni.{iiI1t§t1$ flow of trafic, the condition of the road is
and as a result, the public at large is put to
t””‘-‘A’-meparayqic _.1m§_sf..t and hardship. It is emphasised that the
” j;-v1*e_spondcn&.V__:”fi1aving coiiectcd road tax under the provisions of the
Motor Vehicles Taxation Act, is under a statutory
. ‘£.3;lV’):V.’|.ig¢”:’1i§ia()3fl to maintain the reads in a motorabie condition.
,,…;5:”.”:.m
/ } x
three Works for the improvements and repair of H
National Highway No.48 in Shiradi Ghat Section i’
4.1 ) Acordi:13.g to the rrzsyondents, they have sanéfiéncd
SI.
No.
[Name of work
Est. cQs_t
(Rs.
Remafiss
..”.iAAigi”<72£:mat'::t:atv.':«w.1 V.
. of
Ecoigpicfion.
Impmvements
stretch fmm KM
226.00 to 237.00 of
NH48 (Shiradi Ghat),
Bangalore-Maxzgxalore
Section (Job_ No.£§48–
KNT–2006–<i»77}j–. »
a) Asphalt work :’_
b) Widez1iI1g_ofL-
culverts _ V’ V
C) Rectificafion. –
carriageway V between
KM~2i2;37.G9 to
‘ ‘inf N*}~I–viflir-g,
‘ < {Section
, Rigid
pavements 'I9'Ir:x:ib1e
apppoa<:h::s)i f,-{Job No:
–V o43~m”:*¢v2(;o6–433)
‘Teindércd
. age’nCy ‘fixsd
i ‘?’-‘S W.61~1’T<.s,aifc
paws-
L “‘::2″V::1on/ms
excluding
monsoon L6.
2/ 2009.
Repairs ti3iflam§gfE;d%§__=}4f§’.92
V’9’26.98
Rigid
pavement
Work is
pI’OgI’€SS
in
12 months
excluding
monsoon i.e.
2 / 2009.
. ,1I2Q§é
” 237.00 to 264.00 of
‘NH48 (Shiradi Ghat
of Western Ghats)
“(Job No:
” 2006485)
from KM
(}48–KN’T-
1424.00
Approval to
Revised
estimate
based on
tender rates
awaited
4.2) These works are entrusted to difierent agencies on
tender basis and the contractors have been given certaiI’i.for
completion of the stretch depending upon the % :§§rk’»
and location of the site. The terms of b j
tendered contxactors should carry eat 33¢
programme and complete the me
under the respecfive ag1eements,.___?Ifh.e .1_fespe1:”m1£e,1:;t$v.:§ have also
requested the contractors to”‘e:.&fid:i:tef.tTt_:e’ Work.
4.3) The c;_-f is that NH 48 in
Shixadi Ghet _h_jghway and as per the National
Highway Aeg vie” Iesponsibiiity of the Central
Government to fietzeiop the National Highways. But,
‘vthe i£:x_quee«ti61i has not been handed over to NHAI so
with the National Highway Department
‘ V’ ‘-~’».of the ;»i¢£;;é§:er, since the Kamataka State does not have
egfelusive up to take care of the National Highway, its
de*ée1efi>ze’ent, maintenance and overseeing job of the National
V” has been assigned to a separate wing of the PWI) known
National Highway Zone, Karnataka Circle. Thus, National
Highway Zone, Karnataka Circle, consisting of the
Engineers fmm
the PWD of the State Governments, acts as an _._t§1st
respondent to maintain the Highways in ‘
4.4) The common case of the Ieségiondente ed.
works of the concemed stretch of NH taeendbdtnlten
Iespondent~3- NHAI and had also cotnpietedt
evident from the Nofification issnetiit. Eyteontive Engineer,
National Highway I)ivisioa1’2,VG’_e_’ –.__Divis?1on of the
Government of vtesistondent herein, vide
letter dated of the road to trafic.
4.5) Accoxding Standing counsei appearing for
the firet_ tespdondentw Government, based on the
;_v”itiCQmm§5:i1d;;’?¢T£:i031S Oftddthewsecond respondent — State Government
contract amount has aheady been
disbnrsed &th the iearned counsel appeand g
H 4for the end the State Governments in clear terms fairly
‘4c.§:;c¢é;e£e« the condition of the road in question is absolutely
warranted the petitioners to move this Court for the
. 1 mentioned above. _
, /”,…w«w
4.5) It is also contendeci on behalf of the
the maximum safe laden weight for single axle is vtonfies,”
twin axle with rear axle dual tyres it is :’16’§2() «toimes oinuiti
axle vehicie, It is 26.40 tonnes. HoWevef;AVxIfo$i’of
vehicles are loaded with iron ore egcgeamg §4:s,to oso-v_:an;ies; {which
is almost double the prescribed éafe ladenweight, which
move on the impugned road; as a reason, the
respondents fairiy concede of NH-48 is
again damaged is
5) we 1:1.-é1ve.fev5._vgi\$§f::n” cazefiil consideration to the
submissions “of the pzai”tie’$.,
6. 1}. ‘}a{r§;v_that the tax imposed towards road tax is
§om§¢ns;§tux3} (Viée AIR 1962 so 1406 — Automobile
V. State of Rajasthan).
Iri case of Maiwa Bus Service Pvt. Ltd. v. State of
in AR 1933 so 634, the supreme Court held as
.11
has aheaciy beea reieased and disbursed by the Central
Government to the contractors.
8) Of course, the respondents have put fOI’t.l:!’i5i:3L ‘
account of heavy movement of over-loaded ,t1uc}:é iibnsorel ‘ _
and due to heavy volume of traific
the highway, the highway is dafhaged am l’c1e;te:ég$:~g:;e::. add ‘rm *
uncontroiled haflic on the road wforset1edl_the ebndifion of
the mad. This argument, accepted for more
than one reason as it__is for the.:com’petent to regulate the
movement ‘ thfough the highway. Firstly,
there is nothjhg on that the competent authority
have taken the traflic passing through this
:_v”:§in:tc11 which eierhe subject matter of this writ. Secondly,
the res§1§o:;de;;it:§’t];:e:2jse1ves admit that on account of movement of
e..A__heavy’ . highway in question was damaged which
nxéeeseitettedl highway authorities and the Government to
amount for xestorafion. of the highway. If that
‘b-e?so’,t is incumbent upon the respondents to deem the road in
‘ sttehlla Way that it could withstand the movement of heavydatien
stehjcles. Nonetheless, the fact remains that desgite releasing huge
3./”‘
$1,;
public funds, the impugned stretch of highway is stilflfound
severely damaged and deteriorated.
9) We are, therefore, constrained = .
gaubiic funds has been spent unjustly, Vneediie-foregri
enquily by an independent agency’ 3*’
10) The Apex Court in the c§7ssT_”o£_sTA’TE nisAR mo
ANOTHER Vs. RANCH! 21:2». ._ samfg 5 ‘1?A.\1?I?Y Anti ANOTHER-
(;996)3 sec 582 in clear terms ‘tins of the High
Court consent of the State, to
order CB1 Jfvlhacre it is of the opinion that
there exists __ 2 case of corruption in pubiio
by the bureauczaoy, fabrication of
records and misappropriation of public funds
by ‘agency that would command public oonfidence.
In the oavse’,£the Supreme Court held as follows:
‘”7. The only question then is Whether this
is a fit case for our interference under
Article 136 of the Constitution? The
exercise of this power under Article 226 of
the Constitution in a public interest
/ K.’
litigation was not to give any advantage–toVVV:’__l__e’ A’
a political party or group of on
apprehended by the _co1.:_1_14se1_*’.lfo;i:”~: _V
appellants. it was also ::1;1ot:.t()lA.eéist. l Al
on the State police. lvas done to’ V
investigate 1
administration, I tide
btzxzazaucracy; f;a3;bIic’éllflon:of reooftls,
and m1sappiopx_’:afioIJi’~ funds by
an i33_.depenée.o.t:f ag¢3¢3;’j would
We are,
fIie’Ee«foie,”3V’_of that the dimction
~~~~ Io;jz3i§:1b.e élppears to be just
V -calls for no real
4 lo fi;;em+¢n¢€.»l »
1Q4.:i;f)lvI’n :he”‘¢as¢_____gr SECRETARY, MINOR IRRIGATION &
l”~'<'£J:R;Al;'«._'ENl1lE.N'E}ERiNG SERVECES, up AND OTHERS Vs.
sA:~£N~o;oo I§A§Vi–Af§Y'A AND AN()'1'HER–{2(}02)5 sec 521- the Apex
Cr;-uri: with the question as to when can High Court
H by CB1, held:
“5. While none can dispute the power of
the High Court under Article 226 to direct
an inquiry by C81, the said power can be
exercised only in cases where there is
14
suficient material to come to a p1*ima_t%i”eie*l j ‘
conclusion that there is a need
inquiry. It is not suficj.r::r1’t~–tQ l ‘
material in the pleadingsVJ».14O:3:’ ‘
theme is need for; the Cot3.rii- AV 2
consideration of sucls;-.l.1:5ieadinv.gs~– “te
the conclusion that A Vthej “material l bef-t11fe_.i§t
is suficient §;:1eiz.._’a11i”~ix3.quiIy by
C81.” ” V : ‘- ‘V ‘
1 1.1) In gage-s;gs*§E;é~n;t we a”1eec,-qtzvinced that there exists
a prima facie..case “lay. C.B.I. en the following
aspects andlto against:
V3
the” failed to supervise the
. _Vcxec1it59n o.f’fWo’:-‘k;
ihe Ofiicefel whet failed to regulate the ttaflic;
T. who have certified the complefion of
. Walk; –
the Qficem who have sanctioned and disbursed
~~ amount unjustly;
the lapses committed by the Confiaetor/s in
” executing the conuacts as per the agreement] 3.
and;
the violations of the guidelines issued by the
Central Vigilance Commission £11 ixnplementing
the Government] public co1:1tIa<';,ts.l
£5
1 1.2) Further, both the learned counsel for
Government as well as the State have also
matter for CB! invesfigation.
12.1) We therefore direct the
Commission to inquire into the
the assistance of the fixdianviinstitute of
Science, Bangalore; of to the respective
parties] contractors of in accordance
with law, Wi*d1e–z’x1. of receipt of the order.
12.2) d’ Tiled J ‘:”Vii”§giiancc Commission shall take
appmpriggte ,ac1:io’n, all the erring oflicers, both
:’V’g1 .s_;i3V,-g -mm. cnmm’ ‘ aliy, strictly in accordance with law.
112,3) ___vI1:z fhedmeanwhfle, the State Government shall initiate
” iiexefiezg to Works to repair and maintain the inznpuged road,
Siidays from the date of receipt of the report and thereafter,
‘t:’oe_»v_C}e3nt1*actor/s should compiete the Work as expeditiously as
possfiie, in any event, within three months from the date of award
nkl
of contract, keeping in view, the heavy vehicles
impugned road.
The above Writ petitions orderéd éiecordigrlgigrq 1
; justice
Judge
/
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