The Gujarat High Court on Tuesday demanded direct answers and chastised the manner in which the contract for maintenance of a 150-year-old bridge in Morbi, which collapsed on October 30, killing over 130 people, was awarded.
Despite a notice, the Morbi civic body was not represented in court.
“They are acting smart,” the court remarked.
The court pointedly questioned officials to respond with information on whether any requirements for verifying the bridge’s fitness before its reopening was included in the agreement and who was in charge of doing so.
“The largesse of the state seems to have been granted without there being any tender floated in this regard. Why was the tender for the repair work of a public bridge not floated? Why weren’t bids invited?” Chief Justice Aravind Kumar asked Gujarat’s chief secretary, the state’s top bureaucrat, at the opening hearing of the case that will be heard on Wednesday as well.
Oreva Group, best known for its Ajanta brand of wall clocks, was awarded a 15-year contract of the bridge.
“The municipality, which is a government body, has defaulted, which ultimately killed 135 people,” the court said in a preliminary observation and questioned whether the Gujarat Municipalities Act, 1963, was complied with.
“How was an agreement for such an important work completed in just one and a half pages?” the Chief Justice questioned. “Was the largesse of the state given to Ajanta company without any tender being floated?” the court further asked.
It specifically requested the basis on which the company operated the bridge after June 2017. “Even if the contract was signed in 2008 even when it was not renewed after 2017,” it observed.
A new agreement was signed in 2022.
The court had taken note of the tragedy on its own and sought replies from at least six departments. Chief Justice Aravind Kumar and Justice Ashutosh J Shastri are hearing the matter.
So far, only some staff of the contracted company have been arrested, while the top management, which signed the Rs 7-crore pact, has not faced action, nor have any officers been held accountable for the bridge having been reopened ahead of the renovation schedule.
The court also ordered that contract files dating back to the first day be submitted in a sealed envelope.
According to the government, it worked at ‘lightning speed’ and saved many lives. “Nine people have been arrested, and if anyone else is found guilty, we will absolutely book them,” the government lawyer said.
It was also said that monetary compensation was given.
The state government has announced a Rs 4 lakh payment to the families of the deceased and a Rs 50,000 payment to the injured. Prime Minister Narendra Modi, who visited the disaster site in his home state, announced that the central government would provide families of the deceased with Rs 2 lakh each.
The court directed the Morbi Principal District Judge to appoint a bailiff to serve a notice on the civic body in the order issued on Tuesday. It was noted that, while the state had filed an affidavit, some clarifications on the renovation contract were required.
“The list of chronological events would indicate that an MoU (Memorandum of Understanding) was signed on June 16, 2008, between the collector and the contractor. This was to operate, maintain, manage and collect rent in respect of the suspension bridge. The said period expired on June 15, 2017. Thus the moot question would be under this MoU, who had been fixed the responsibility to certify the fitness of the bridge. After the term was over in 2017, what steps were taken by Morbi civic body and the Collector thereafter to float a tender?” the court said.
