The High Court of Karnataka on Tuesday directed Simplex Infrastructure Ltd. to file an affidavit giving an undertaking that the remaining works of the much delayed flyover project between Ejipura Main Road and Kendriya Sadan in Koramangala would be completed by December 31, 2022.
A division bench comprising Chief Justice Ritu Raj Awasthi and Justice S.R. Krishna Kumar issued the direction while hearing a PIL petition filed by 70-year-old Adinarayana Shetty, a resident of Koramangala, who had complained about the hardship caused to public due to incomplete flyover project.
The company, in its application, had requested the bench to recall the February 17, 2022 interim order, in which the court had directed the Bruhat Bangalore Mahanagara Palike (BBMP) to register a complaint with the police against the company for misappropriation of public money for not completing the 2.5 km long flyover. The court had also directed the State government to accord permission to the BBMP to cancel the flyover project awarded to the company in May 2017.
The Court had passed the February 17 order after the company had failed to respond to the notice issued by the Court on the petition even after several months.
The advocate for the company pointed out to the Bench that the company is ready to start the remaining construction works immediately without any delay and complete the project in a time bound manner.
It was also clarified on behalf of the company that it was not represented before the Court for a bonafide reason and the delay in completion was not solely due to the company but there were certain unavoidable circumstances.
The Bench said that it is permitting the company to submit the undertaking on completing the flyover by the end of the year considering the fact that the process of engaging a new agency to complete the flyover may further delay the project, which has to be completed in a time-bound manner. The Bench adjourned further hearing till April 4.
Tender floated in 2014
The tender for the flyover project was floated in 2014 and the contract was awarded in May 2017 in favour of the company for ₹203 crore. However, the company had failed to complete the project before the original deadline of November 2019. The company had even failed to complete the project even after the BBMP extended the deadline till December 2020 by imposing penalty for the delay.
