The Orissa High Court has delivered a strong rebuke to the state's housing and urban development department for its resistance to fresh technical vetting of the detailed project report for the massive ₹496-crore Cuttack branch stormwater channel drainage system. The court has directed that the DPR be resubmitted to IIT Bhubaneswar for re-vetting within a strict two-week timeframe.
Court's Firm Stand on Technical Scrutiny
A division bench comprising Justices S K Sahoo and V Narasingh issued the decisive order recently while expressing dissatisfaction with the government's "veiled explanation" that additional vetting would cause unnecessary delays in the crucial infrastructure project. The bench explicitly ordered that "The DPR of 5 BSWCs be submitted to IIT Bhubaneswar within two weeks for re-vetting" and mandated that "Watco shall execute the project." The matter has been scheduled for further hearing on December 11.
Background of the Legal Proceedings
The court's involvement in this matter dates back to September 18, when it first noted that due to the "nature, scale, complexity and the huge cost involved" in the five branch stormwater channels project for Cuttack, the detailed project report required re-vetting by IIT Bhubaneswar. This recommendation originally came from the chief engineer-cum-additional secretary through a letter dated May 30. The court had also previously directed that the project should be supervised by Watco, the same agency that successfully executed the Cuttack box drain project earlier.
When the case was taken up again on November 20, additional government advocate S Nayak presented instructions dated October 15 indicating that Watco would undertake overall supervision and IIT Bhubaneswar experts would be included in a technical committee. However, the government communication argued against fresh vetting, claiming it might delay implementation since VSSUT, Burla had already examined the DPR.
Court Rejects Government's Arguments
The bench firmly rejected the government's explanation, observing that the state appeared "hesitant in acting in conformity with its earlier decision." The court also countered the state's position that the chief engineer's proposal represented merely his "personal opinion" by quoting directly from the May 30 communication which stated: "In this regard, the hydraulic design be vetted by IIT Bhubaneswar, which possesses the necessary expertise..."
In a significant observation, the High Court emphasized that the state's reliance on a "policy decision" could not override considerations of public welfare. The bench noted that "The façade of 'policy decision' falls flat in the face of overwhelming public interest," stressing that a project involving nearly ₹500 crore cannot proceed without eliminating any possibility of "foundational error."
The court's intervention ensures that the massive drainage project for Cuttack will undergo the highest level of technical scrutiny before implementation, prioritizing public interest and proper utilization of substantial public funds.
