ROHINTON FALI NARIMAN, NAVIN SINHA, INDIRA BANERJEE
STATE OF KERALA & ANR. ETC. ETC. – Appellant
Versus
RDS PROJECT LIMITED & ORS. ETC. ETC. – Respondent
JUDGMENT :
R.F. Nariman, J.
1. Leave granted.
2. Heard Mr. K.K. Venugopal, learned Attorney General for India appearing on behalf of the State of Kerala, Dr. Abhishek Manu Singhvi, learned Senior Counsel for the Respondent No.1, Mr. Gopal Sankaranarayanan, learned Senior Counsel for the Respondent No.3, Mr. Jaideep Gupta, learned Senior Counsel for the Respondent No.2, Mr. Rana Mukherjee, learned Senior Counsel for the Respondent No. 9 and Mr. V. Giri, learned Senior Counsel for the Respondent Nos. 4 & 5. The impugned High Court judgment dealt with a project called the Palarivattom Flyover on the National Highway, Cochin City, State of Kerala. This was constructed by Respondent No.1 and inaugurated on 12.10.2016. However, after one year of this Flyover being used, the Consultancy Agency for the Ministry of Road Transport and Highways, Government of India, on regular inspection of the bridge, reported on 16.03.2018 that the bridge was in a distressed condition with several cracks as a result of which measures should be taken to rehabilitate the flyover. The IIT, Madras, was thereafter appointed as an expert agency which delivered several reports in which, according to it, the bridge co
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