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A Karnataka High Court bench headed by Chief Justice Ritu Raj Awasthi on Monday directed the Bruhat Bengaluru Mahanagar Palike (BBMP) to remove a Chief Engineer from projects which involve the usage of machinery provided by a private company, American Road Technology Solutions.

The above transpired in a Public Interest Litigation filed in 2015 seeking a series of directions to BBMP to submit an action taken report regarding potholes in Bangalore city. The plea also sought directions from the court to devise a mechanism for citizens to complain about the conditions of the road.

Court was considering the plea of American Road Technology Solutions to supply a device to be used to fill potholes in roads.

On May 27, 2022, the counsel for the company had informed the court that a chief engineer of BBMP had assaulted the director of the company during a meeting. The counsel had also alleged that the director was assaulted, punched and pushed by the official. The High Court had ordered an inquiry into the matter.

When the matter came up for hearing, CJ Ritu Raj Awasthi asked the counsel for BBMP if the Chief Engineer had been shifted to another project. The counsel for BBMP informed the court that he has been shifted.

Court also deliberated on the rate to be fixed by the company for carrying out the work and asked BBMP to decide on the same.

Court, on hearing the parties, noted that the counsel for the company has filed an affidavit bringing on record a complaint filed against the Chief Engineer (CE) of BBMP. The CE had manhandled and assaulted the director of the company in a meeting in his office. Court noted that they have gone through the affidavit and the complaint preferred by the company and they are satisfied that the CE shall not be permitted to continue to supervise the work which is done by the company.

Court, therefore, directed the Chief Commissioner of BBMP to authorise some other CE to look after the work performed by the company.

So far as the rate at which payment is to be made for the repairing of potholes, Court noted that the company has filed a memo annexing the note prepared by BBMP wherein they have worked out the rate of Rs.551 as the basic rate per sq meter for filling potholes by machine. Court also made a note of the company’s statement that it is ready to perform the work of filling up of potholes at the above-mentioned rate.

Court noted that the Chief Commissioner had instructed the counsel for BBMP to give the work to the company at the above-mentioned rate. Court directed BBMP to finalise the contract and hand over the site to the company to start the work of pothole repair by machine. Court instructed BBMP that the potholes are to be filled up at a fast pace owing to the ensuing monsoon.

Case title: Vijayan Menon Vs Secretary, Urban Development