Contractors cannot be allowed to undertake shoddy construction using public money: Karnataka HC


PTI, Jun 8, 2023, 8:08 AM IST

The Karnataka High Court has rejected the petition by a construction company seeking the return of the bank guarantee which was encashed by the Karnataka State Police Housing and Infrastructure Development Corporation (KSPHIDC) for alleged shoddy construction of police quarters by the firm.

The High Court also directed that engineers involved in shoddy constructions using public money be brought to book.

Citing earlier Supreme Court judgements, the High Court said that bank guarantees were not for show and the corporation had done the right thing. ”What would unmistakably emerge is that the Bank Guarantee is not furnished for it to be photo-framed and hung on the wall, it has a purpose. The purpose is redeemed by the Corporation and cannot be found fault with.” PG Setty Construction Technology Pvt Ltd had approached the High Court after KSPHIDC encashed the bank guarantee of Rs 1,15,13,500 for allegedly shoddy construction of 144 police quarters in Mandya and Chamarajanagar districts which was executed by the company.

The counsel for the company argued before the bench of Justice M Nagaprasanna that the construction was over and bills paid after the quality of construction was checked.

The bank guarantee during the defect liability period was with regards to the infrastructure facilities and could not have been encashed.

The advocate for the KSPHIDC argued that ”the construction was of so poor quality that the building began to develop cracks the moment construction was completed. What the petitioner has claimed to have completed the construction is a shoddy construction coming within the defect liability period itself.” The High Court, in its judgement, said public money cannot be misused.

”It is rather surprising how the engineers of the Corporation or the engineers concerned have cleared the bills without inspecting the construction and the quality of construction, as complaints have arisen immediately after the completion certificate is issued,” the court noted.

”The Police Gruha 2020 scheme is not a private project or private scheme. It is a scheme funded by the government. If it is a scheme funded by the government, it is public money. Therefore, contractors undertaking construction utilising public money cannot be seen to make constructions that are very poor and the life of such inhabitants there becomes unlivable.” Directing action against erring engineers, the High said: ”This Court, has in a plethora of cases come across, contractors undertaking shoddy constructions particularly of low income group (LIG) and middle income group (MIG) houses, in certain cases, even in high income group (HIG) houses.” ”Therefore, it is for the respondent/State to take care that proper constructions are made under any scheme which involves public money, so that public money is not misused by such contractors who undertake such constructions and bring those Engineers to book who would approve such shoddy constructions, as and when it is found,” the High Court further stated.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Maharashtra Polls: Eknath Shinde targets Uddhav for `giving up’ Bal Thackeray’s principles for power

Will appear before Lokayukta for questioning in MUDA case, says CM Siddaramaiah

Lies have short life, Cong’s ‘fake’ narrative smashed: Fadnavis

Temple idols found desecrated in Hyderabad, case registered

SC junks plea against quashing of LOC issued to ex-house help of Sushant Singh Rajput

JPC chairman Jagdambika Pal to visit K’taka on Nov 7 to meet farmers protesting Waqf notices

Indian boxer Mandeep Jangra wins WBF’s world title

Related Articles More

Davanagere: Man murdered by relative for insurance money; 4 arrested within 24 hours

Govt clerk found dead in Tahsildar’s chamber, FIR filed against minister’s PA, 2 others

MP Brijesh Chowta urges Kerala CM for strict action against attack on Edneer Swamiji’s vehicle

Mangaluru: Asiatic male lion arrives at Pilikula Zoo

Waqf Notice Issue: Not an accident, but state government’s conspiracy, claims V. Sunil Kumar

MUST WATCH

Gho Pooja in Deepavali Festival

Melukote Deepavali

Ganapathi Co-operative Society Ltd

Udayavani Chinnara Banna 2024

Annapoorna Aahar | Food Places In Mysore


Latest Additions

Davanagere: Man murdered by relative for insurance money; 4 arrested within 24 hours

Heroin worth Rs 3.5 crore recovered in police raid in Delhi, 2 arrested

Govt clerk found dead in Tahsildar’s chamber, FIR filed against minister’s PA, 2 others

Treated Muslims like fuel for ‘lantern’: Prashant Kishor targets Lalu, asks upper castes to stay away from Nitish

MP Brijesh Chowta urges Kerala CM for strict action against attack on Edneer Swamiji’s vehicle

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.