Kerala

Don’t demolish Palarivattom flyover till Oct. 10, says HC

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‘Govt. can go ahead with formalities for reconstruction of flyover’

A Division Bench of the Kerala High Court on Tuesday orally directed the State government not to start demolishing the Palarivattom flyover till October 10.

The Bench comprising Acting Chief Justice C.K. Abdul Rehim and Justice R. Narayana Pisharady, however, made it clear that the government could go ahead with other formalities for the finalisation of the proposal to demolish/reconstruction of the flyover.

The court passed the oral directives while adjourning to October 10 the hearing on two writ petitions seeking to restrain the State government from demolishing and reconstructing the Palarivattom flyover without first conducting load test to assess the structural stability of the flyover, in terms of the relevant codes as prescribed by the Bureau of Indian Standards (BIS).

Petitioners’ claim

When the petitions filed by P. Varghese Cherian of Perumbavoor and another person came up for hearing, counsel for the petitioners submitted that the report of the IIT had recommended repair and rehabilitation of the flyover and not its demolition or reconstruction.

The State government had, however, hastily decided to reconstruct the flyover based on the recommendation of ‘Metroman’ E. Sreedharan.

The Bench said it was left to the government to decide whether the flyover should be demolished or reconstructed based on experts’ opinion. The court could only consider whether there were sufficient materials before the government to reach at such a conclusion.

Expert opinion taken

The State Attorney submitted that the decision to demolish/reconstruct the flyover was taken on the basis of experts’ opinion. The government had weighted various opinions before taking a decision on the issue.

The court also directed the State Attorney to file a statement or affidavit in response to the allegations levelled by the petitioners.

The petitioners contended that the government decision would only help the accused escape the Vigilance case registered against them in connection with flawed construction of the flyover.

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Printable version | Jan 20, 2020 6:55:44 AM | https://www.thehindu.com/news/national/kerala/govt-told-not-to-demolish-flyover-till-october-10/article29501253.ece

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