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 could follow a carbon fibre fabric composite treatment and be repaired instead of being demolished. Meanwhile, Dr. E. Sreedharan submitted a report to the Chief Minister of Kerala on 03.07.2019 in which he recommended the strengthening and replacement of RCC girders with PSC girders to ensure durability which would necessitate a demolition and re-construction of the bridge. Dr. E. Sreedharan, by a report dated 14.09.2019, referred to the IIT reports and did not agree with the same, stating that if his plan was to be carried out, a 100 year guarantee would be given for the newly constructed flyover.

3. Given these divergent streams of opinion, the State Government then set up a High Level Committee consisting of five persons who are as follows:-

1. Sri Ashok Kumar M. (Convenor) Chief Engineer, National Highways, Public Works Department Thiruvananthapuram

2. Sri S.Mano Mohan (Member) Chief Engineer, Bridges, Public Works Department Thiruvananthapuram

3. Sri M.N. Jeevaraj (Member) Chief Engineer (Rtd.), Public Works Department Thiruvananthapuram

4. Sri S. Saju (Member) Senior Bridge Engineer, Public Works Department Thiruvananthapuram

5. Sri S.M. Ashraf (Member) Senior Structural Engineer, Public Works Department Thiruvananthapuram

4. It will be noticed that apart from experts who were engineers, one of whom was a Senior Bridge Engineer, a Senior Structural Engineer of the PWD was also a member of this Committee. This Committee went into the IIT reports and the Sreedharan report in some detail, after which it concluded as follows:

“9. Conclusion

“a. The tests carried out by IIT Chennai are as per IS codes and IRC recommendations. IIT Chennai being a premier and reputed institution, their findings can be accepted and relied on. However, a load test as specified in IRC 112:2011 has not been proposed by IIT Chennai. The reasons are not mentioned in their report. The Committee feels that since crack width in certain girders have exceeded the allowable limits which is one of the compliance criteria for load test, IIT might have decided that there is no point in doing a load test before strengthening. However, IIT has recommended load test after strengthening the flyover. IIT has suggested its scheme for strengthening the flyover, which again is as per IRC recommendations. But, IIT has not mentioned the service life of the flyover after strengthening. IRC also does not recommend service life of any structure after doing the strengthening works proposed by IIT.

(b) As mentioned by Dr. E.Sreedharan a new construction with proper design, with quality execution of the work with quality materials and strict technical supervision can expect a service life of 100 years.

(c) Construction cost of the proposal of demolishing and replacing of superstructure as proposed by Dr.E. Sree