Thread by @barandbench

Gujarat High Court to shortly hear suo motu PIL pertaining the tragic incident of Morbi bridge collapse, in which over 135 people died.

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Bench of Chief Justice Aravind Kumar and Justice Ashutosh J Shastri had last week ordered the State govt to place on record the entire agreement between Morbi Nagar Palika and private contractor for upkeep of the bridge.

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In the previous hearing, the bench had sought to know how the private contractor was allowed to operate the bridge without renewing the agreement.

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Matter is called out.
Advocate General Kamal Trivedi appears for the State govt.
Senior Adv Devang Vyas is representing the Morbi Nagar Palika (MNP).

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Bench allows a relative of two victims to intervene in the matter. They were allowed to move the bench by the Supreme Court, last week.

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AG Trivedi and Sr Adv Vyas oppose the intervention applications. However, bench cites SC order and allows the said applications.

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State Human Rights Commission files an affidavit spelling out the status of compensation to the victims of the tragic incident, through Advocate A Ankani.

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CJ Kumar after perusing the affidavit seeks to know who are the 135 deceased persons.

CJ Kumar: Is any list maintained and brought on record?

AG Trivedi submits a list.

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CJ Kumar: No other funds have been received from private donors?
AG: About Rs 5 crores are received. Around 20 children have lost both parents, they will get Rs 38 lakhs each.

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CJ Kumar: Where do you say so?
AG: We haven't mentioned it in affidavit as I have just received instructions. But I guess Human Rights Commission has covered it.

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AG: Besides the compensation, Rs 3000 would be paid to children monthly.

CJ: What is this? We think this amount is highly insufficient. Rs 3,000 in these days? The uniform and books will only consume this amt.

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CJ: We would want to know the break-up of all these amounts as to how much amt is from CM fund, how much from PM and also from private donors. We can't see such a break-up. Also, focus on distribution. Give it to us by next hearing.

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CJ: Also, this Rs 4 lakh ex gratia from CM, we are not satisfied. You will have to do something. At least double the amount so that each one gets at least Rs 10 lakh.

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Bench points out from list of deceased, one of whom was 35 year old.
CJ: He might be the earning member of family and survived by children, wife, ailing parents. How will they look after themselves now.

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Bench seeks to know why 'caste' of the deceased is mentioned in the list.

CJ: What is the necessity Mr AG to mention caste? All have to be treated equally here.

AG: May be the idea is to ensure if any other scheme is there

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CJ: In case of death in such a calamity, there should be a same yardstick for all.

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Bench passes an order, records the statements affirmed in the State Human Rights' Commission affidavit, with regards to the compensation paid to the deceased. It notes that 7 children have been orphaned in this incident and 12 have lost a parent.

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Bench notes that one private entity has decided to pay Rs one lakh each to the victims. It notes that Adani Foundation through its CSR has extended sum of Rs 25 lakh for the victims.

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CJ records in order - We are of the view that the compensation paid by the CM relief fund is abysmally on the lower side. We hope and trust, the said amounts would be made realist and also the need of the house is taken care of.

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CJ: The compensation of Rs 50k paid to severely injured persons is also on the lower side. There is no record to the nature of injuries suffered by the injured persons. Thus, State to file fresh affidavit indicating the same so that compensation can be enhanced

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Bench orders State to follow the thumb rule of evaluating compensation as like in motor vehicle accident matters.

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Bench says the interim report fails to mention the details of the dependents of the 135 deceased persons in the next date of hearing.

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CJ: Please don't do what you did in that matter saying for Gujarat kidney, we will give preference only to people of Gujarat. Please don't do that in this case.

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Bench was referring this news -

barandbench.com/news/illegal-a…

AG reads out from the affidavit, on regulatory mechanisms to ensure such incidents do not repeat.

CJ: For future, one is prevention.

AG: There is no regulatory mechanism for urban development authorities

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CJ: Mr AG, when I was in Karnataka, I was part of a bench dealing with COVID-19 cases. Several questions came up, even the issue of deaths of people due to lack of oxygen. Point is, no one anticipated that. But now that this has opened up, u have to come up with policy.

CJ: This is how a policy is made. Policy makers should put their heads together so that a policy is made.

AG: In fact, one of the tasks of the SIT formed is this.

CJ: Who is heading it. We will want to attend the meeting.

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CJ: Its high time that all the officials, who are either monitoring, managing, controlling such bridges across the State, should ensure that the bridges in their jurisdiction are in proper condition and usable.

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CJ: We want details of how many bridges are there in this State, their existing conditions, duly certified by jurisdictional engineers, to be placed within 10 days from today.

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Bench allows Intervenors to make any submissions etc on next hearing.

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Now, Sr Adv Devang Vyas makes submissions on behalf of Morbi Nagar Palika.
Bench seeks to know on what basis, was the Memorandum of Understanding (MoU) signed with the Contractor.

Vyas: it was based on resolution by the then Rajkot Collector as the Naga Palika was not formed

Vyas: We came to picture only in March 2022, when the new agreement was signed subject to approval by our General Body.

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CJ: But what did you (Morbi Nagar Palika) do when the first MoU expired in 2017? Do you want to shift your blame to the then Collector?

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CJ: What did you do from 2017 till March 2022?

Vyas: No records are available thereafter

CJ: Bridge was shut only in March 2022, what about the time before that which is 5 years? How will you explain your inaction?

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Vyas: No one explicitly granted him any permission to operate the bridge.

CJ: And you did nothing to stop him? Can you please explain this inaction to us? How you allowed him to operate the bridge?

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CJ: What did you do after December 2021, when Contractor told you about condition of the bridge?

Vyas: We asked him to hand over the bridge in January 2022 but he did not hand over. He agreed to abide by our conditions.

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Vyas: In March 2022, he executed new MoU and assured to carry out major repairs.

CJ: Was he allowed to outsource it?

Vyas: No, he was supposed to do on his own. He had made a condition that neither us not State should interfere in repairs work

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Vyas: He had assured to carry our repairs, so we signed the MoU.

CJ: Which is the SIT Mr Adv General? What is the status? If any report is filed?

AG: We have to find out.

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CJ: If any report is filed by the SIT, the same should be placed before this court in a sealed cover. Also, files related to this incident, which aren't placed before us, to be submitted on next date of hearing.

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Bench records in order that the affidavit filed by the Morbi Nagar Palika lacks details, which were sought by the court in previous hearing. It notes that the Palika's chief officer is present in the courtroom.

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Bench records that the letter written by Contractor to the Palika Chief Officer with regards to repairs, management etc of the bridge is through negotiations. Hence, all files related to the bridge are ordered to be placed before the court.

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Bench further notes that the Contractor had on December 29, 2021 told the Palika that accident might happen anytime given the bad condition of the bridge

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Bench also notes that the Contractor had made "repeated requests" to Palika for carrying out repairs and renewing MoU but the civic body sought handing over of the bridge.

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"Tenor of the letter (by Contractor) would show that it was concentrated on the rate of the ticket than the condition of the bridge. The Palika seems to have ignored the warnings signalled by the Contractor, regrding condition of the bridge," bench notes

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"The exchange between the Contractor and the Palika is only for retention of the contract rather than bestowing attention for repair of the bridge, which was in a critical stage," Bench notes.

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"The ratification of the MoU by the General Body of thr Nagar Palika has not taken place. It is admitted that the Contractor was operating the bridge for 13 years and even used it in absence of non-renewal of agreement," bench states.

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Bench seeks to know what action is taken against erstwhile Chief Officer of Nagar Palika?

AG: We are awaiting report of the SIT.

CJ: What is this? At least deriliction of duty proceedings can be initiated.

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CJ: What about taking over the Nagar Palika? If not this magnitude of a tragedy warrant suspension of the civic body then what is the State waiting for? Either you decide or we will pass orders.

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Bench notes that AG has submitted that the bridge was the property of the Palika. It notes that municipality act allows State to dissolve a civic body in case of abuse of power, default etc. The catastrophe or the tragedy struck in Morbi, prima facie cannot be brushed aside...

...as not exhibiting the incompetency or default of the Nagar Palika. It is for this precise reasons, we posed a question to the State as to why it doesnt dissolve or supersede the civic body. In response, AG has submitted they are awaiting report, Bench notes.

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CJ: We would not comment anything on this issue at this stage. We hope and trust proper action is taken. As regards the action against then CO of the Palika, we aren't ready to accept States, submissions. People have died, he has shown incompetence too.

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Bench adjourns matter for next hearing on December 12.

Hearing ends.

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