Mustak Hussain Mehndi Hussain Kadri v. State of Gujarat
2017-09-25
B.N.KARIA, M.R.SHAH
body2017
DigiLaw.ai
ORDER : M.R SHAH, J. 1. Further affidavit-in-reply is filed on behalf of the respondent - Corporation submitting the road-map for two weeks i.e for the period between 18/09/2017 to 24/09/2017 and for the period from 25/09/2017 to 01/10/2017 for undertaking the resurfacing work by hot mix/micro surfacing method. Alongwith the affidavit-in-reply a chart showing the proposed resurfacing on the damaged roads during the aforesaid period is produced alongwith the detailed description of the roads etc. From the further affidavit-in-reply filed today and the chart produced, it appears that during the period between 18/09/2017 to 24/09/2017, according to the Corporation, 135 roads admeasuring 23418 mts are covered and resurfaced and for which resurfacing work is done/completed. In the further affidavit-in-reply, it is stated that during the period one week hereafter i.e from 25/09/2017 to 01/10/2017, resources of the Corporation have been rigorously pressed in service and the Corporation is very much hopeful to see that by 01/10/2017 the targeted proposal/planning will turn into reality covering further 122 roads admeasuring about another 23380 mts. Shri Trivedi, learned Senior Advocate appearing on behalf of the respondent - Corporation has stated at the Bar that the certificates from the concerned Officers of the Corporation with respect to measurement and quality of the work done and/or to be done between 25/09/2017 to 01/10/2017 shall be received from the concerned Officers so as to ascertain whether the resurfacing work is undertaken/being undertaken as per the satisfaction so as to maintain the quality, shall be produced before this Court on the next date of hearing. It is further stated in the further affidavit-in-reply that in the new contracts to be given for construction of roads, new conditions are now being incorporated in the tender documents by which the security deposits would be increased from 5% to 10% and instead of 5% now 10% amount from each running bill of the successful contractor would be deducted and retained by way of performance guarantee till the expiry of defect liability period of three years. It is further stated that in the new tender, certain stringent conditions by modifying the existing conditions to ensure the quality of the work and the work done of the contractor shall be incorporated/provided. He has also stated that the Corporation may also look into the expiry of defect liability period from three years to five years. 2.
It is further stated that in the new tender, certain stringent conditions by modifying the existing conditions to ensure the quality of the work and the work done of the contractor shall be incorporated/provided. He has also stated that the Corporation may also look into the expiry of defect liability period from three years to five years. 2. Shri Kamal Trivedi, learned Senior Advocate appearing on behalf of the Corporation has requested to adjourn the matter to 03/10/2017 for further compliance report and the certificates of the concerned Officers of the Engineering Department of the Corporation with respect to the works done/carried out and/or to be carried out between 18/09/2017 to 01/10/2017 to be produced on record. 3. Shri Kamal Trivedi, learned Senior Advocate appearing on behalf of the Corporation has also produced the preliminary report of the Vigilance Department in sealed covers of two roads. He has also stated that as such the Vigilance Cell of the Corporation is carrying on further inquiry. He has stated that earlier there were only 7 persons (Engineering personnel) working as technical staff in the Vigilance Cell. In the Vigilance Cell, however vide order dated 16/09/2017, 8 more Officers are appointed/deputed so as to expedite the pending vigilance inquiry initiated pursuant to the order passed by this Court. It is submitted that the Vigilance Cell will still not only enquire into the payments made for construction/resurfacing of the road but will also hold necessary inquiry with respect to the quality of the roads, which were constructed in the last two years, and therefore, he has requested to grant some more time to submit the report. The aforesaid shall be considered as and when an appropriate application is preferred by the Corporation. However, from the material available on record, produced alongwith the further affidavit-in-reply filed by the Corporation today, it appears that there is some progress in the work. However, looking to the area and the number of roads, we can appreciate that some further time might be needed and/or required to resurface the roads in the City, which seems to be a herculean task. However, at present it can be said that the work of resurfacing the roads seems to be in right direction and all serious efforts are being made for resurfacing the roads.
However, at present it can be said that the work of resurfacing the roads seems to be in right direction and all serious efforts are being made for resurfacing the roads. However, again it is emphasized that what is important is not the number of the roads being resurfaced but it should be the qualitative also. Shri Kamal Trivedi, learned Senior Advocate appearing on behalf of the Corporation has assured the Court that the Corporation is very much serious for providing quality roads. At the request of Shri Kamal Trivedi, learned Senior Advocate appearing on behalf of the Corporation to submit further report/compliance report, stand over to 04/10/2017. At present, we appreciate the work carried out so far, which will be ultimately in the larger public interest as well as the Corporation also.