Contractors cannot be allowed to undertake shoddy construction using public money: Karnataka HC
Bengaluru, Jun 7: 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.
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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.
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
