The Hindu : Kerala News : Progress report on repairs sought High Court round-up

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Wednesday, Oct 17, 2007
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Kerala

Progress report on repairs sought High Court round-up

Special Correspondent

Kochi: A Division Bench of the Kerala High Court on Tuesday directed the State government to file a statement within 10 days on the progress of road repairs in the State.

The Bench, comprising Chief Justice H.L. Dattu and Justice K.T. Sankaran, issued the direction while admitting a writ petition filed by the State Human Rights Protection Centre, Thrissur, and another petitioner seeking a direction for repairs on a war-footing.

The Additional Advocate-General submitted that the repairs would be completed in a few days.

The petitioners submitted that though they had given a representation as directed earlier by the court, the State government had not taken any action on it. The road conditions had now worsened, leading to accidents. The potholes had become a nightmare. The commuters were put to untold sufferings. Besides, time was lost and a considerable quantity of fuel was wasted. The problem was due to the negligence and lethargy of the government, they said.

Affidavit filed

The government submitted before a single judge an affidavit giving details of the road tax collected during the last three years. This was in response to a writ petition for repair of roads, which was pending before the judge.

The affidavit said Rs. 1,930.47 crore was collected during the financial years from 2004-05 to 2006-07, while the budgetary expenditure for road works was Rs. 2,843.52 crore. The expenditure was far in excess of the tax collected. The anticipated collection under the budget during 2007-08 was Rs. 831.88 crore. The budgetary provision for road works was Rs. 1,323.54 crore.

The Kerala government spent more funds for road maintenance than by most other States.

The heavy monsoon was one of the reasons for such a huge expenditure.

The affidavit said the work bills of Public Works Department contractors were being paid considering their pending time at the State level as directed by the court.

Names deleted

A Division Bench deleted the names of Chief Minister V.S. Achuthanandan and Forests Minister Benoy Viswom from the list of respondents in a public interest litigation filed against the order of the Divisional Forest Officer, Thiruvananthapuram, de-notifying Merchiston Estate from the list of fragile lands. The petitioner, Paristhithi Smrakshana Samithi, Idukki, also sought a direction to the Chief Minister to take action against the Forests Minister and the Additional Secretary, Forest.

Detention ordered

Justice S. Siri Jagan ordered the detention of the Indonesian vessel m.v. Layer Sentosa, or her sister vessels, as and when they enter the Indian Territorial Waters.

The direction was given on a petition filed by the Kochi-based Western Marine Engineering.

According to the petitioner, the Indonesian vessel, owned and controlled by M/s P T. Bina Usaha Maritime, Indonesia, owed it Rs. 48 lakh towards repairs of the vessel.

The vessel was detained by the Mercantile Marine Department three months ago as it was found not seaworthy. The petitioner said the vessel owners approached the petitioner company to undertake certain repairs.

Only part payment was made by the vessel owners before leaving.

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