Thread by @barandbench

Gujarat High Court to shortly hear suo motu PIL with regards to Morbi bridge collapse. It will hear Morbi Municipal Corporation today as the civic body did not appear before the court on Tuesday, when the matter was heard.

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A bench of Chief Justice Aravind Kumar and Justice Ashutosh J Shastri had posed certain questions to the Gujarat government on Tuesday.

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Matter called out.
Counsel for Morbi civic body informs that notice was served to it on November 9 but the civic body is being looked after the deputy collector, who is also on election duty. He couldn't decide which advocate should appear.

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CJ Kumar: By when will you filed your counter?

Counsel: Before Nov 24, when the matter would be heard next.

CJ: Stop taking this matter so casually. File it today itself else pay costs.

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CJ Kumar: Either file it before 4:30 PM today evening or pay Rs 1 lakh.

Counsel: Milords, will file it today only then.

CJ: Okay, so we pass over it till then. Call out again at 4:30pm

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Matter is again called out for the Morbi Municipal Corporation to file its affidavit.
Senior Adv Devang Vyas appears for the civic body and submits an affidavit.

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Bench goes through the affidavit and notes that a private contractor was handed over the work of maintenance, security, mgmt and collection of revenue etc for 9 years and on its expiration, the bridge was continued to be maintained by it even in absence of any renewed agreement.

The bench notes that on December 29, 2021, the Contractor had informed the Chief Officer of Morbi civic body about the "critical condition" of the bridge and has sought renewal of agreement, which was done only in March 2022.

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In its order, the bench records that the Chief Officer had in March 2022 clarified that the renewed agreement would be executed subject to approval of the same by general board of the civic body. But the said approval copy is not placed on record

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The civic body is thus, directed to submit copy of such approval, if any, granted by the general board of Morbi.
Further, the civic body has been ordered to clarify why the bridge was allowed to be used without any approval by the general board.

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The bench also sought clarification as to why the bridge was allowed to be open for the public from Dec 29, 2021 the day when the Contractor wrote to the civic body about the critical condition of thr bridge.

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Bench has ordered the Chief Officer, Morbi Nagarpalika to personally appear before it on next date of hearing.
"He should appear physically" bench emphasised.

Next hearing on November 24.

Hearing ends.

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