Thread by @barandbench

Gujarat High Court is hearing a suo motu PIL pertaining to the tragic incident of the collapse of Julto Pul (Morbi bridge) in which over 135 people lost their lives.

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Advocate General Kamal Trivedi for State has furnished an affidavit.

AG: In all 63 bridges in the State need minor and major repairs. Over 27 bridges have been repaired and some 36 plus bridges are yet to be repaired.

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Amicus is asked to make submissions.

Amicus: There was a query by this court as to how the private contractor allowed to use the bridge despite there being no approval by the General Board, Morbi Nagar Palika. Till now no proper answer is given.

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Additional Solicitor General Devang Vyas for the Morbi Nagar Palika is asked to respond to this point.

He is reading from the affidavit, wherein it is stated that the civic body had asked the contractor to handover the bridge.

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CJ Kumar: But isn't this your own bridge? Why did you take over it? Why to ask?

Vyas: The company had responded to us in January 2021, wherein it had informed that it had carried out temporary repairs and needed around Rs 1.50 crores. They said they are ready to execute MoU

CJ: Look at their tenor. The contractor was threatening you and you did nothing despite being a powerful authority. And now you are saying govt shouldn't dissolve you? The MoU was also not approved by the General Board. What is this?

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Vyas: It is our case that the contractor on his own opened the bridge for the public without informing the civic body or the State.

CJ: But what were you doing then? You are an instrumentality of the State. You just kept quite and did nothing. An inference can be drawn...

...subject to what you say further, but it appears there was collusion between you two.

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Bench is passing an order now.
Order: This court by an order passed on Nov 11, 2022 had made some observations. The affidavit filed by the Morbi civic body, if perused, shows that it has not responded properly to this court's query as to how the contractor was allowed to use...

from December 2021 till March 2022, when it was closed. It would clearly emerge that the Contractor was using the bridge despite there being no approval for its utilisation by the civic body or the State. The agreement dated March 8, 2022 was also not approved by the General...

...Body of the Morbi Nagar Palika.

Bench has recorded this in its order and resumes hearing submissions of ASG Vyas.

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Vyas continues reading from the affidavit. Points out that the bridge was shut from March 8 till October 26, 2022 but it was opened without prior approval.

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Vyas: Negotiations were going on between us. No independent certificate was provided by the Contractor regarding the condition of the bridge.

CJ: If all this is so, what were you doing? Thus, the State has taken the action to serve notice to you.

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CJ: Hope you know today is the last day for the civic body to respond to the show cause notice issued by the State.

Vyas: The elected representatives may have been advised and they would have filed a reply.

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Another advocate appearing for the contractor, submits that the seven children, who have been orphaned would be looked after the firm.

Adv: We will take their care and provide residence, education, other amenities of life, give them jobs either in our firm or get them one.

Adv: So far as the ones, who have died and have injured, we are ready to pay compensation to them.

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CJ: Okay, so you go and pay the compensations first. But let us be very clear, by paying this, it won't save you. It won't mean that the State won't take any action as per law. You will have to face the consequences as per law.

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Adv: I understand this Milords. I am here just to defend myself. I know what the Collector, State etc have done. They all cannot now pass the buck to me. If they do so then, I will have to speak out. My only concern was to ensure the heritage bridge is operated properly.

Adv: This was not a commercial venture Milords. Some highly placed influential persons persuaded me to look after this heritage bridge. So I took over it. I don't want to take names as of now. I did not earn any profit by this bridge. All of it was because of overcrowding.

Adv: I am not taking this as an adverserial litigation. Just that if everyone wants to focus only on me then I will have to defend myself. Fortune has not favoured and this disastrous incident took place. Even we are shattered by this. Thus, this compensation is without...

...any condition. This is my stand.

Bench records his submissions in the order.

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Bench further notes that the State has said it is considering to bring in a policy soon for maintaining bridges across the State.
Order: Around 40 bridges require minor repairs and 23 need major repairs. Of these 63 bridges, the AG has made a statement that works of 27 bridges..

...is already completed and remaining 37 bridges is underway. Thus, we order the State to spell on an affidavit the repairs carried out on the 63 bridges. We hope that the major repairs needed on 23 bridges is attended immediately and all precautions to be taken on war-footing...

...basis to avoid any kind of untoward incidents. The State to spell the details of steps taken in this regard on an affidavit to be filed on next date.

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Order: Affidavit indicates that every bridge in this State are inspected twice every year. Once prior to monsoon and once during October.

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Adv for the Contractor urges the bench to clarify what should be the amount of compensation to be paid to the victims.

CJ: Consider the age of the dependents of those who died. Consider the conditions. Work it out as is done during Motor Accidents matters.

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CJ clarifies that the Contractor will have to disperse the amounts to the State, which would further pay it to the victims.

Bench asks Amicus to calculate the likely amounts each victim to get and serve it to the Contractor.

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Hearing ends.

Matter adjourned till February 20.

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