Act against 2 government officers for unsafe Mazgaon court building, recommends Lokayukta

MUMBAI: The Maharashtra Lokayukta has recommended action against two government officers after finding that low quality of cement used in the construction of Mazgaon metropolitan magistrate’s court had led to it being declared dilapidated within 16 years of construction.
Retired Justice M L Tahaliyani, who heads the anti-corruption ombudsman, after a year-long investigation, recommended departmental action against retired executive engineer K B Karnik and assistant engineer V G Jethra of the state public works department.The Lokayukta said that though it was not recommending lodging of an FIR due to the passage of time, the state was at liberty to initiate criminal proceedings against the two engineers who were responsible for overseeing the construction of the building.
Constructed in 1997 by the state PWD, the five-storey Mazgaon building used to house 13 courtrooms and a special MCOCA court where 2,000-2,500 cases were heard daily. A structural audit had found the building was “not habitable” and repairs were “unviable”. In July 2013, the Bombay high court ordered an overnight evacuation of the building. In October 2015, the Lokayukya had initiated an investigation against the government officers responsible for overseeing the construction. Experts from VJTI stated before the authority that “porous concrete was used for constructing the building which led to de-lamination of the cover concrete and corrosion of the bars of almost all slabs”. The engineers’ claimed that the building would have survived more years if it was maintained regularly, but the Lokayukta found that the state had spent over Rs 8 crore on its maintenance between 2000 and 2015. The structure was recently pulled down, and the state now plans to construct a 17-storey structure at a cost of Rs 387 crore.
“It was found that prima facie concrete used in the construction was of low quality,” the Lokayukta concluded, after referring to reports submitted by experts from VJTI and IIT-Bombay. “What is shocking to note is that at the time of site inspection, total strength of concrete was less than 50%.”
The Lokayukta said Karnik, who was in charge of the work, and Jethra, who was present on site throughout the con-struction, did not notice the quantity and quality of concrete. “They allowed the contractor to gain pecuniary benefits whi-ch is misconduct (under the Prevention of Corruption Act). Both officers prima facie appear to have by corrupt and illegal means obtained pecuniary advantage for the contractors. Allegations of malpractices and negligence against both are wholly substantiated,” said Justice (retired) Tahaliyani.
Under the rules, the state has to submit a compliance report to the Lokayukta within three months. In case, the authority is not satisfied with the action taken by the state, it can forward a special report to the governor. The government will have to then table the recommendation as well as its explanation before the legislative assembly and the council.