Morbi bridge was critical, company warned municipality, to get contract renewed

People cling on to the collapsed suspension bridge in Morbi. The structure on the Machchhu river was a century old. (Express Photo)

The court sought an explanation on how the bridge was opened to public despite this warning from December 29, 2021 to March 7, 2022, when it was finally closed for repair.

The municipality affidavit says, “…On 29-12-2021, the Company informed the Chief Officer of Nagar Palika, that the condition of the suspension bridge is critical and hence, request was made to take a decision at the earliest.”

Morbi municipality, represented by senior advocate Devang Vyas, had earlier sought time till November 24 to file its response, but he submitted the affidavit after the Division Bench led by Chief Justice Aravind Kumar directed the municipality to file it or face risk of attracting a cost of Rs 1 lakh.

The court observed that it was “intriguing to note that even after the communication dated 29/12/2021 was received by chief officer of Morbi municipality”, the bridge was allowed to be used till March 7 this year.

“Hence the affidavit should disclose… how M/s Ajanta was permitted to use the bridge… Reasons for allowing Ajanta to use the bridge despite there being no approval for utilisation shall also be indicated in the said affidavit. We also direct the present incharge chief officer of Morbi Municipality to be present on the next date of hearing physically,” the court observed.

The court is expected to hear the matter next on November 24.

The bridge was officially closed from March 8 this year to October 25 for repair. Ajanta’s communication of December 29, 2021, came just a day after the Morbi municipality informed the company that the “issue relating to suspension bridge has been placed before the upcoming General Board meeting” and a “decision” on a formal agreement in favour of Ajanta continuing maintenance and management of the bridge “would be taken only thereafter”.

According to the affidavit, on January 19 this year, the Morbi chief officer informed the company that the general body had rejected the company’s request to enhance bridge entry fee and that formalities of agreement would be undertaken only if the company was ready to continue with earlier rates. If not, the company was “requested to return possession” of the bridge to the municipality at the earliest.

An agreement was ultimately executed on March 8, entrusting the company with the management and maintenance of the bridge, following approval by the general body. The agreement had nine conditions, including one that stipulated that the bridge should be open to the public only after appropriate renovation by Ajanta within 8-12 months from the date of agreement.

The affidavit notes that a memorandum of understanding was signed between Rajkot collector and Ajanta in 2007 and an agreement was executed in 2008 for a period of nine years. Morbi, till it became a separate district in 2013, was a part of Rajkot district. On expiration of the agreement in 2017, the bridge continued to be maintained by the company in the absence of any new agreement.

“The company sent a communication dated 9-1-2020 and intimated the authority that they would completely close down the suspension bridge from 26.01.2020 and thereafter, the company would not be responsible for any unfortunate accident… the company showed its readiness to manage the bridge in terms of the meeting convened between the officials of the Morbi collectorate, Morbi municipality with the officials of the company on 29-1-2020, and forwarded a draft copy of the agreement to be executed,” notes the affidavit filed by the Morbi municipality through its chief officer incharge Naran Muchhar.

The affidavit noted that the company reopened the bridge on October 26, without any prior approval and “that too, without letting the municipality know about the kind of repair that was carried out”. It also stated that an independent third party’s certificate relating to material testing, fitness, holding capacity and structure stability of the suspension bridge was also not given.

The HC division bench on Wednesday directed the Morbi municipality “to place on record the copy of the approval granted by the general board of the Morbi municipality, if any, approving the agreement dated 8/3/2022 and also to produce the communication dated 29/12/2021forwarded by Ajanta to the chief officer of Morbi municipality”.