The Hindu : Kerala / Kochi News : HUDCO-aided project: High Court seeks Government response

Online edition of India's National Newspaper
Wednesday, May 25, 2005

Kerala

Kerala - Kochi

HUDCO-aided project: High Court seeks Government response

Staff Reporter

KWA not in a position to remit restoration charges to GCDA

KOCHI: A Division Bench of the Kerala High Court on Tuesday orally directed the Government to give its response on the Kerala Water Authority (KWA)'s statement that the Greater Cochin Development Authority (GCDA) was not allowing it to dig up the Kaloor-Kadavanthara Road for laying pipelines for the HUDCO-aided drinking water supply scheme, as the KWA was unable pay off the restoration charges of Rs.2.39 crores as demanded by the GCDA.

The Bench comprising the Chief Justice Rajiv Gupta and Justice K.S. Radhakrishnan directed that the response be filed within one week. The directive was issued in response to a writ petition filed by the Visalakochi Kudivella Samrakshana Samithi. The petitioner sought a directive to the State Government to constitute a high-power committee to execute and monitor the HUDCO-aided project work.

In an affidavit, the KWA said it was not in a position to remit the charges due to the financial crunch. Therefore, it could not hand over the work along the road to the contractor within the agreement period. The contractor now had demanded price escalation charges and the works were held up.

The affidavit said the major components of the project were the Vypeen component, Ernakulam and West Kochi components. As for the Vypeen component, the affidavit said the work of pipeline-laying from Pukkattupady Pipeline Road to Vaduthala was pending because of the failure to get sanction of the National Highway Authority of India (NHAI). The sanction was obtained only on May 3. The affidavit added that the laying work of pipeline from Nirmala School to the Pukkattupady pipeline road junction was being tendered. The affidavit said the agreement for laying pipeline from Pukkattupady pipeline road junction to Palarivattom bypass junction had been terminated due to the failure of the contractor to start work. However, the termination could not be effected because of the High Court stay.

As for the work for laying pipes across Konthuruthy Kayal and Mattanchery Kayal, the affidavit said an agreement had been executed and work could be completed by October 2005.The 39-km main pipelines under the project had to be laid along/across the Railway and NH, PWD, Corporation and GCDA roads. A formal sanction from the NHAI was required for cutting open the NH at bypass and Edappally.

There had been no negligence on the part of the officials in completing the project. As soon as the land acquisition process had started, the landowners protested vehemently and fought a fierce legal battle against acquisition of land. The public resistance subsided only after almost seven years when the Government declared additional packages of benefits in 2002. The unexpected delay in land acquisition resulted in revision in project cost. The revised cost came to Rs.136.16 crores which had upset the financial planning of the KWA. Even though the Government declared a financial package in January 2002, the necessary fund could be provided only on March 2003. Besides, the majority of the required land could be handed over to the KWA only in March 2005.

The affidavit said the KWA had taken all efforts to complete the project and it was envisaged to be completed by December 2006.

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