The Karnataka High Court on Tuesday vacated the interim orderit had passed in February asking the Commissioner of Bruhat Bengaluru Mahanagara Palike (BBMP) to cancel the contract with Simplex Infrastructures for construction of a flyover at Koramangala [Adinarayan Shetty v.State of Karnataka and Ors].
A Division Bench of Chief Justice Ritu Raj Awasthi and Justice SR Krishna Kumar permitted the company to file an affidavit undertaking to complete the project by the end of 2022.
The company had approached the Court challenging the termination of the contract, and expressed its readiness to complete the construction of the flyover in a time-bound manner. It was submitted that the delay in the construction project was not solely the company’s fault, but was caused by unavoidable circumstances.
The Bench noted that engaging a new agency may delay the work further, and considering the requirement of completion of the project in public interest, directed the company to commence construction immediately.
The High Court expressed its unhappiness with the respondent-company, and observed that it would monitor the progress of the construction of the flyover.
Senior Advocate Aditya Sondhi appeared on behalf of the company.
Last month, the Court noted in its order that public money was involved in the project, and that people were put to inconvenience due to the delay in completion of the project.
“We will send him to jail, it is not his choice that he will not work and go away.”
The Court thus asked the BBMP Commissioner to cancel the contract with the company and to lodge a complaint against it.
The order was passed in a public interest litigation filed by one Adinarayan Shetty regarding the alleged loss and damage caused due to the delay in the completion of a flyover project between the Ejipura Junction and Kendriya Sadan at Koramangala.
