Roads and Bridges Development Corporation of Kerala Limited (RBDCK) would shortly initiate proceedings against RDS Projects to recover the ₹18 crore that has been estimated to reconstruct the girders of Palarivattom flyover which developed cracks within two years of commissioning. “We may also take steps to blacklist the firm to prevent it from participating in any tenders floated by us,” a senior official of the agency said.
RBDCK, a subsidiary of the Public Works Department (PWD), had received considerable flak following the flyover fiasco.
“The reconstruction expense can be levied from RDS, since the cracks developed within three years (the defect liability period) of the flyover being commissioned. The cost can be recovered any time since we have not issued completion certificate for the project. Already, the government has invoked ₹4.12 crore that the firm gave as bank guarantee. The estimated reconstruction cost could have been recovered earlier but for the firm approaching the court, following which an order was issued stating that no further action could be taken against it until the case pending before the High Court was disposed off. This also hampered efforts to blacklist the firm and to realise the cost from other projects undertaken by RDS. The Supreme Court has now directed the High Court to dispose all pending appeals within six months,” he added.
“There is no doubt that the cost of reconstruction must be realised from the builder firm. We would issue a notice in this regard after discussions, including with legal experts. While the government must decide on blacklisting the firm from all works in Kerala, RBDCK’s board can take a call on this with regard to our projects,” sources in the agency said.
RBDCK had also kept in abeyance payment of two bills submitted by the firm, citing the damage that the new flyover sustained within two years of commissioning, it is learnt.
Former Mayor Tony Chammany, who is now KPCC general secretary, demanded that the government speed up steps to recover flyover reconstruction cost from RDS Projects. “The firm may escape paying the amount if Delhi Metro Rail Corporation Ltd. (DMRC) reconstructs the flyover using the money it saved while constructing overbridges in the city. The money with DMRC must be used to build an overbridge at either Vaduthala, Vathuruthy or Atlantis,” he said.