Gujarat High Court questions the MoU for Bridge Maintenance in the Morbi Incident

Gujarat High Court questions the MoU for Bridge Maintenance in the Morbi Incident

On Monday, the division bench of the Gujarat High Court expressed concern about the manner in which the contract for renovation was awarded to Gujarat-based Ajanta Manufacturing, a subsidiary of the Oreva Group. Chief Justice Aravind Kumar and Justice Ashutosh J served on the division bench, remarked, "State took steps that are expected from it (after the incident) but the agreement signed b/w Morbi civic body and a private contractor (for bridge renovation) is just 1.5 pages. No tender was invited. Why contract was granted without inviting any tender?"

Despite being served with a notice on November 7, the Morbi Civic Body was not represented before the High Court today. Taking note of this, the court stated that the civic body is "acting smart." Furthermore, the Court directed the Morbi Principal District Judge to appoint a bailiff to serve a notice on the civic body informing them that a hearing on the incident would be held on November 16.

"From 15/6/2017, for a period of 2 years, without there being an MoU or agreement or entrustment, the bridge in question was continued to be maintained by Ajanta company. After the said contract expired, what steps were taken by the official authorities to call for expressions of interest or float a tender for a further period is not clear from the State's affidavit?"

Further, the court put the following observations and questions before the state government:

  • Under the fresh MoU (signed in 2020), it is not clear who has the responsibility to certify that the bridge is fit for usage.
  • When the earlier memorandum of understanding expired in 2017, what steps were taken to call for an expression of interest or float a tender for a further period?
  • On what basis, the bridge being permitted to be operated by Ajanta after June 2017, even when the MoU (signed in 2008) was not renewed after 2017 (though the new MoU was ultimately signed in 2020)?
  • Whether Section 65 of the Gujarat Municipality Act was followed by the state government
  • Why did the state not use its powers under Section 263 of the Gujarat Municipality Act as prima facie the municipality has defaulted, which led to an unfortunate incident that resulted in the deaths of 135 innocent persons.

The 141-year-old suspension bridge spanning the Machchuu River reopened two weeks ago after Oreva Company repairs and maintenance. A PIL filed in the Supreme Court seeks a judicial investigation into the matter.

 

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