Kerala High Court
Jacob Jose vs State Of Kerala on 27 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 27th day of July 2022 / 5th Sravana, 1944
IA.NO.1/2022 IN WP(C) NO. 33239 OF 2017(S)
APPLICANT/RESPONDENT NO.1 IN WPC:
STATE OF KERALA,REPRESENTED BY PRINCIPAL SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
RESPONDENTS/PETITIONER & RESPONDENTS 2 TO 4 IN WPC:
1.JACOB JOSE,S/O.JOSEPH,RESIDING AT MUTHIRENTHICKAL HOUSE,
PARAPPADY,MARUKUNNU. P.O,KOZHIKODE,PIN CODE-673 012.
2.KERALA STATE ELECTRICITY BOARD LIMITED,
VYDYUTHI BHAVANAM,PATTOM,THIRUVANANTHAPURAM-695 004,
REPRESENTED BY ITS MANAGING DIRECTOR.
3.THE DIRECTOR (GENERATION CIVIL HRM,)
KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM-695 004.
4.KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION,
KESTON ROAD,OPPOSITE RAJ BHAVAN,NEAR CHRIST NAGAR,
KANAKA NAGAR, KOWDIAR, THIRUVANANTHAPURAM-695 033.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant 12 months
time from the date of filing the petition for extension of time for
completing the pending Hydro Electric Projects so as to enable the
respondent to comply the direction in the judgment dated 04/08/2020 in
WP(C)No.33239/2017.
P.T.O
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this Court's Judgment dated
04/08/2020 & Order dated 25.01.2022 in IA 1/2022 in WP(C)No.33239/2017 and
upon hearing the arguments of STATE ATTORNEY & SHRI V. TEKCHAND,SENIOR
GOVERNMENT PLEADER for the petitioner in IA/R1 in WPC, SMT.ANITHA MATHAI
MUTHIRENTHY, Advocate for R1 in IA/petitioner in WPC,
SRI.B.PREMOD,STANDING COUNSEL for R2 & R3 in IA/WPC and of SRI.P.U.
SHAILAJAN, STANDING COUNSEL for R4 in IA/WPC, the court passed the
following:
P.T.O
S.MANIKUMAR, C.J. & SHAJI P. CHALY, J.
--------------------------------------
I.A.No.1 of 2022 in W.P.(C)No.33239 of 2017 (S)
--------------------------------------
Dated this the 27th day of July, 2022
ORDER
S.MANIKUMAR, C.J.
This interlocutory application is filed seeking further extension of
time for completing the pending Hydro Electric Projects.
2. On 25th January, 2022 we passed the following order in this
interlocutory application:
"Seeking extension of time for completing the pending
Hydro Electric Projects, instant I.A. is filed. The reasons
assigned are as under:
"4. It is submitted that the Government and KSEBL had taken all
earnest efforts/ actions for the successful commissioning of the
projects, namely (1) Upper Kallar SHEP (2) Thottiyar HEP, (3)
Poringalkuthu SHEP and (4) Bhoothathankettu SHEP to comply with
the directions of the Hon'ble Court. The project works are going on
with substantive progress. The KSEBL faced many practical difficulties
due to Covid 19 pandemic and the sub sequent lockdowns declared by
the Government which delayed mobilization and commitment of the
work and work force by the executing agencies. The present status of
the execution of these projects are submitted herewith:
1. Thottiyar HEP (40 MW, 99Mu)
The Board has foreclosed the original contract with M/S CPPL -
Chongqing JV without any risk and cost liability of the contractor as per
G.O dated 04.03.2016.
Balance Civil works were tendered on 20.05.2017 and work
awarded to M/s. PRIL- Sree Saravana Industries Pvt. Ltd on 05.01.2018
and agreement executed on 05.04.2018. Time of completion was 26
months which expired on 03.04.2020. Time of completion for the subject
work was extended up to 31.03.2021 and further extended upto
31.12.2021 based on the revised construction programme submitted by
the contractor. The delay in works was mainly due to the abnormal
floods occurred in 2018 & 2019, lock-down due to COVID-19 pandemic,
difficulty in arranging materials and labour due to lock-down etc. The
expected date of completion of the project is July 2022.
I.A.No.1 of 2022 in W.P.(C)No.33239 of 2017
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Present progress of work
1. Diversion weir 9 blocks completed, 2 blocks remaining -
preliminary works resumed
2. Approach Channel Rock excavation completed. Concrete floor
and walls remaining
3. Intake structure 8 lifts of concreting completed and 6
remaining. Fabricated steel gates arrived at
site. Dispatch clearance issued for hoisting
unit.
4. Tunnel Completed. Lining works completed.
Contact grouting completed. Consolidation
grouting around intake remains to be done.
5. Penstock Civil works in penstock track 70%
completed. Fabrication and supply of
penstock pipe and accessories 99%
completed.
Erection of penstock pipe & accessories 54%
completed. Anchor blocks - 16 Nos. - 1st
stage concreting completed and 5 Nos. - 2nd
stage concreting completed.
6. Power House 61% completed. Barrel I & II, Generator
floor concreting works in progress. MIV
floor, Turbine floor, control room are
completed. Works of power house walls, tail
race etc. in progress.
7. Switch yard Switchyard foundation completed.
Remaining works
1. Diversion weir Balance work for block 8 & 9 and allied
works
2. Approach Channel Concrete lining
3. Intake structure Intake structure balance work.
Construction of trash rack pier, rib
beams, side walls etc. Erection of intake
gate, trash rack.
4. Tunnel Balance consolidation grouting works
5. Penstock Second stage concreting of 11 anchor
blocks, rocker supports 11 Nos.
I.A.No.1 of 2022 in W.P.(C)No.33239 of 2017
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Fabrication of 2 furrules, 1 expansion
joint, 1 bifurcation piece 13 ring girders
and 1 Y piece are to be completed.
Balance 50% erection works to be
completed.
6. Power House 50% of concreting of Generator floor,
balance power house wall, balance
works of tailrace channel.
7. Switch yard Erection of switchyard equipments.
Cable trench works
Physical progress - Civil works : 61%
Electromechanical works : 48%
Overall physical progress : 75%
The project is expected to be completed by July 2022
2. Poringalkuthu Small HEP (24 MW, 45.02 Mu)
The Civil works of Poringalkuthu Small Hydro Electric Project (24 MW)
was awarded to M/s GVR GMW (JV), Chennai at their quoted amount of Rs
91,60,92,040/- (Rupees Ninety one Crore Sixty Lakh Ninety two Thousand
and Forty only) including all taxes and duties and the agreement for the
work was executed on 19.09.2011 with the time of completion of the work
as on 17.09.2014 (3 years). The work, after obtaining final forest clearance
from MOE&F on 17.03.2014, could be commenced in full swing only in
April 2014.
During the course of execution, considering various issues such as
initial delay in handing over of forest land, flood, financial constraints of
the contractor due to the proceedings before the National Company Law
Tribunal (NCLT), historic flood in 2018, flood in 2019 and the havoc caused
by the Covid 19 pandemic etc, the time of completion was extended up to
31.03.2021. Even though all efforts were made, the contractor was not able
to complete the work within the extended time of completion of work. As
the physical progress of the civil works had attained about 95%,
considering the second wave of COVID 19 pandemic and its consequences
and as per the request of the contractor, the time of completion of the
project is further extended up to 10.02.2022 by KSEBL as per Board order
dated 11.08.2021. The micro schedules were prepared in such a way that
the mechanical spinning is scheduled on 5 th January 2022 and the balance
miscellaneous works are to be completed by 10.02.2022. It may
particularly be noted that approximate 30 working days have been lost in
the present extended period due to heavy and continuous rain in the said
project area.
I.A.No.1 of 2022 in W.P.(C)No.33239 of 2017
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The critical balance works pending are concrete lining of surge,
concreting of surge above +406.50m, concreting of surge top from +422.00
to +432.00m, Concreting of bifurcation, lining and concreting of Low
Pressure Pipe, penstock backfilling and work of Tail Race etc. Tail Race is
a major work to be completed urgently. Only 30% of the tail race pool area
has been completed. Balance 70% of the pool area and entire 100m
tailrace channel after the pool area has to be completed before
commissioning of the project. Considering the financial stringency
experienced by the contractor and with the strong intention to complete
the project on time as scheduled and also to comply the directions of this
Hon'ble Court in judgment dated 04.08.2021 in WP(C) No.33239/2017(S)
that the work shall be completed before 31.12.2021., the Board had
accorded sanction to arrange the balance civil works in critical area under
the contract with M/s GVR-GMW (JV) for the implementation of the
project separately as per clause 5.5.8 of the agreement by delinking from
the original agreement for the commissioning of the project as scheduled.
Accordingly the following works were tendered.
1. Balance works of Tail Race Channel after Tall Race Weir. PAC-
Rs.2,91,63,719/-excluding GST (work awarded on 21.12.2021)
2. Providing Concrete for the newly excavated surge tank walls from levels
+406.50 to +425.5 m. PAC - Rs.28,42,268/ excluding GST
The Civil works has now attained a progress of 96.8 %.
Electro and Hydro Mechanical works
The agreement was executed with M/s. Allonward-SSIPL consortium
on 10/10/2014 for carrying out the E&M works of Poringalkuthu SHEP with
a completion period of 24 months i.e., on 03.10.2016. In anticipation of the
filling of the water conducting system by the civil contractor by 05.01.2022,
45 to 60 days is required for testing and commissioning of the unit and as
per the request of the contractor the time of completion of E&M works of
the project is extended up to 15.03.2022 as per Board order dated
05.10.2021.
Physical progress of E&M works is 95.80%.
Overall physical progress of the project (Civil and E & M Works) is 96.5%.
The project is expected to be completed by 30.06.2022.
3. Bhoothathankettu SHEP (24 MW-83.5 Mu)
The contract for the execution of the civil works of Bhoothathankettu
Small Hydro Electric Project (24MW) was awarded to M/s. SSEB-RPP Joint
Venture on 07.02.2014 and agreed contract amount is Rs 86.81 crore
which is 18.09 % below estimate rate based on 2012 PWD Schedule of
Rates. The Civil works of the project were commenced on 15.02.2014.
Contract for Electro Mechanical works arranged separately and the
contract amount is Rs.81.80 crore. The time of completion of civil works
of Bhoothathankettu SHEP, except the 3 stage concreting and grouting
I.A.No.1 of 2022 in W.P.(C)No.33239 of 2017
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extended up to 30.11.2021, considering the facts that the delay in work
was mainly due to the abnormal floods occurred in 2018 & 2019 and
COVID-19 out brake and due to delay in land acquisition, design change
etc. All the Civil works except the 3 rd stage concreting and grouting
completed. The delay in supply of 3rd consignment of E&M equipment
from China due to the impact of Covid 19 pandemic as well as financial
constraints faced by the contractor has affected the scheduled
completion of the project. Since the re-tendering of E & M works at this
stage is not preferable, KSEBL is taking earnest effort to import the 3 rd
consignment of E&M equipment from China. Present Status:
Civil works
Civil works completed except the 3" stage concreting and grouting.
Electromechanical works
86.61% of supply completed so far.
Overall Physical Progress 94.06%
KSEBL is taking earnest effort to import the 3 rd consignment of
E&M equipment from China and the project is expected to be completed
by September 2022.
4. Upper Kallar SHEP (2MW, 5.14Mu)
This project has been completed and commissioned on 30.09.2021.
5. Pallivasal Extension Scheme (60 MW)
The works of Pallivasal Extension Scheme (2X30 MW) were
originally awarded to M/s. ESSAR-DEC-CPPL Consortium as per the
agreement dated 31.01.2007. Since the said contractor failed to execute
the works satisfactorily, KSEBL was constrained to terminate the same
on 13.09.2018. The balance works were re-arranged by KSEBL as four
separate works to complete the same as shown below.
A) Expression of Interest and Request for Proposal for Engineering
Design, Construction works of Intake Structure, Box culvert
including Pre-Support System for Deep Excavation & Allied Works
and Construction of Tunnel for 584M to Intake (Both Soil & Rock) of
Pallivasal Extension Scheme Contract with M/s. BUMI - ZILLION JV
This work was arranged with the permission of the previous
contractor by de-linking some portion viz. Intake, Box Culvert and soil
tunneling due to their inefficiency to carry out this specialized work.
Present progress of works
Intake structure Intake pool 90% completed and Gate erection is
pending due to the operation of Tunelling Face I
activities through Intake.
Box Culvert Completed
Tunnel driving 555.804m completed
I.A.No.1 of 2022 in W.P.(C)No.33239 of 2017
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Tunnel lining 20.8M
Percentage of work 75%
completed
Remaining works
Intake structure Transition concereting Trash Rack erection, Gate
Erection, Maintenance slab concreting, pile
cutting at the side of River, River Training works.
Box Culvert Lining works (17m)
Tunnel lining 546 m
Drilling Grouting To be started for a length of 566.804 m after
concerete lining.
The official date of completion of the contract was on 31.12.2020. But
due to the various reasons occurred at site viz. Covid-19, Flood 2018, and
sliding in Tunnel etc, the progress of works were affected. Noting the
position the time of completion was extended up to 31.12.2021 as per Board
order dated 25.05.2021. As per the present assessment, the works are
expected to be completed by 31.05.2022.
B) Balance Civil works of Tunnel, Surge Shaft, Pressure Shaft,
Penstock, Power House and allied works - Contract with M/s.Anchor
Structurals - DSE- SSIPL JV
Present Progress of works
Tunnel lining works 479 M completed
Drilling & Grouting 377 M completed
Surge Shaft Work will be started after IPS erection
HPS Lining works completed
IPS 73 Nos. (365m) out of 75 Nos. (375 m)
completed
Valve House Cable trench and drain completed
Penstock 1960 M completed out of 2036 m
Fire water tank Completed
Power House Lube oil tank completed. Yard levelling and
I.A.No.1 of 2022 in W.P.(C)No.33239 of 2017
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concreting completed. Flooring remaining
Percentage of work 52%
completed
HPS Drilling & Grouting completed
Remaining works
Tunnel lining works 746.2m
Drilling & Grouting 2480.3 m to be completed
Surge Shaft Lining works will be started after IPS erection
IPS 2 pipers remaining out of 75 Nos. Backfilling,
drilling and grouting
Valve House Side walls can be done after crane erection
Penstock Buried Penstock for a length of 76 m remaining
Power House Flooring & hand rail work remaining
ADIT Floor concreting, plugging and ADIT Gate
erection (Adit I & II)
The official date of completion of the contract period was on
11.10.2021. Due to various unfortunate events such as COVID-19
Pandemic, Flood 2018, shortage of Industrial oxygen, etc. there was delay
in completing the works in time. As per the present assessment, the
works are expected to be completed by 31.05.2022.
C) Balance works of Tailrace Weir of PES and supply and laying of
Outlet pipe from tailrace weir of Pallivasal Extension Scheme to the
inlet of Sengulam tunnel - Contract with M/s. SSIPL
The main works are completed and the new Pump House was put
into operation by 29.03.2021. The remaining finishing works will be
completed by 20.01.2022.
D) Erection of supplied Electro Hydro Mechanical Equipment and
Supply & Erection of BOP equipment.
The works had to be re tendered many times as there were no
eligible bidders. In the present retendering two bidders have qualified.
The works are expected to be completed by January 2023.
Overall physical progress attained: 88.58%
The expected date of completion of Pallivasal Extension Scheme is
January 2023.
5. It is submitted that considering the situation, the KSEBL has
rescheduled the commissioning of the Projects namely, (1) Thottiyar
I.A.No.1 of 2022 in W.P.(C)No.33239 of 2017
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HEP on 31.07.2022, Poringalkuthu SHEP on 30.06.2022,
Bhoothathankettu on 30.09.2022 and Pallivasal on 31.01.2023. In the
above circumstances, it is respectfully submitted that the Honourable
Court may be pleased to accept the revised date of completion of the
above mentioned Projects. There is no deliberate or wanton delay or
laches on the part of this applicant and its officials in getting the
projects completed. It is respectfully submitted that, the non-
compliance of the direction in the order is due to the aforesaid
administrative reasons. Hence, it is most respectfully submitted that
this Hon'ble Court may be pleased to grant 12 months' time from
31.12.2021 for completing the pending Hydro Electric Projects so as to
enable this respondent to comply with the directions in the judgment
dated 04.08.2020 in W.P.(C) No. 33239/2017. Separate application for
extension of time and is filed herewith, which may kindly be allowed in
the interest of justice."
Though the petitioners have sought for one year time from
31.12.2021 for completing the projects, in I.A. No. 1 of 2021 we
have already granted six months time for complying with the
directions. Taking into consideration of the above, now the time
sought for by respondent is nearly 1½ years for completion of the
Hydro Electric Projects.
Though difficulties are expressed, we are of the view that
the projects have to be completed as expeditiously as possible and
in such view of matter, we deem it fit to extent the time by six
months from today. We also deem it fit to retain I.A. No.1 of 2022
on the file of this Court, for monitoring.
Post after six months."
3. Today, when the matter is taken up for consideration, this court's
attention has been drawn to the proceedings dated 25 th July 2022 issued by
the Director (Generation - Civil) addressed to the Principal Secretary to
Government, Power Department showing the status report regarding
completion of Hydro Electric Projects mentioned in the judgment of this
court, which are reproduced hereunder:
I.A.No.1 of 2022 in W.P.(C)No.33239 of 2017
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Annexure
1. Pallivasal Extension Scheme (60 MW)
The works of Pallivasal Extension Scheme (2X30 MW) were originally awarded to M.s. ESSAR
-DEC-CPPL Consortium as per the agreement dated 31.01.2007. Since the said contractor failed to
execute the works satisfactorily, KSEBL was constrained to terminate the same on 13.09.2018. The
balance works were re- arranged by KSEBL as four separate works to complete the same as shown
below.
(i) Expression of Interest and Request for Proposal for Engineering Design, Construction
works of Intake Structure, Box culvert including Pre - Support System for Deep Excavation
& Allied Works and Construction of Tunnel for 584m to Intake (Both Soil & Rock) of
Pallivasal Extension Scheme - Contract with M/s. BUMI - ZILLION JV
Present progress of works
Intake pool 90% completed and Gate erection is pending
Intake structure due to the operation of Tunneling Face I activities
through Intake
Box Culvert Completed
Tunnel driving 555.804 m completed
Tunnel lining 369.10 m
Percentage of work completed 88.50 %
Remaining works
Intake Transition concreting Trash Rack erection, Gate Erection,
Maintenance slab concreting, pile cutting at the side of River,
River Training works
Box culvert Lining works (17 m)
Tunnel lining 197.50m
Drilling& Grouting To be started for a length of 566.804 m after concrete lining.
As per the present assessment, the works are expected to be completed by 31.12.2022.
(ii) Balance Civil works of Tunnel, Surge Shaft, Pressure Shaft, Penstock, Power House and
allied works - Contract with M/s Anchor Structurals - DSE - SSIPL JV
Present Progress of works
Tunnel lining works 882 m completed
Drilling & Grouting 1670 m completed
Surge Shaft Lining works - 16 m
HPS Completed
IPS Completed
Valve House Cable trench and drain completed.
Penstock 1986 m completed out of 2036 m.
Fire water Tank Completed.
Power House Lube oil tank completed. Yard leveling and concreting
completed. Flooring remaining.
Percentage of work completed 70 %
Remaining works
I.A.No.1 of 2022 in W.P.(C)No.33239 of 2017
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Tunnel lining works 343.20 m
Drilling & Grouting 1187.30 m to be completed.
Surge Shaft Lining works - 20 m remaining.
Valve House Side walls can be done after crane erection.
Penstock Buried penstock for a length of 9.0 m remaining.
Power House Flooring & hand rail work remaining.
ADIT Floor concreting, plugging and ADIT Gate erection
(ADIT I&II).
As per the present assessment, the works are expected to be completed by 31.12.2022.
(iii) Balance works of Tailrace Weir of PES and supply and laying of Outlet pipe from tailrace
weir of Pallivasal Extension Scheme to the inlet of Sengulam tunnel - Contract with M/s.
SSIPL
Work completed.
(iv) Erection of supplied Electro Hydro Mechanical Equipment and Supply & Erection of BOP
equipment - Contract with M/s. TVPPL - KSK - FITWELL - BOOM - REHPL consortium.
The works awarded on 31.01.2022. Official date of completion of the work is 30.01.2023.
The expected date of completion of Pallivasal Extension Scheme is January 2023.
2. Thottiyar HEP (40 MW, 99Mu)
The Board has foreclosed the original contract with M/s. CPPL- Chongqing JV without any risk and
cost liability of the contractor as per G.O dated 04.03.2016. Balance civil works were tendered on
20.05.2017 and work awarded to M/s. PRIL- Sree Saravana Industries Pvt. Ltd on 05.01.2018.
Time of completion for the subject work is extended up to 31.05.2022 vide order dated 22.02.2022.
The expected date of commissioning of 1 st machine (10MW) is July 2022. 2 nd machine (30MW) is
expected to be commissioned during 12/2022.
Present progress of work:
1 Diversion weir: : 9 blocks completed. Remaining 2 blocks - 65 %
completed. All works expected to be completed by
September 2022.
2 Approach Channel : Rock excavation completed. Concrete floor and side
walls remaining
3 Intake structure : Concreting in progress. Intake gates, trash rack etc.
fabricated and supplied at site. All intake works
including erection of gate are expected to be completed
by 8/2022.
4 Tunnel : Completed.
5 Penstock : Fabrication and supply completed. Erection of 215 out of
254 ferrules completed except welding and testing.
(1100 m length of penstock completed out of 1290 m).
Anchor blocks - (Total - 16 Nos) - 1st stage concreting of
all blocks completed.
8 Nos - 2nd stage concreting completed.
Works progressing at all locations.
I.A.No.1 of 2022 in W.P.(C)No.33239 of 2017
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1 Diversion weir: : 9 blocks completed. Remaining 2 blocks - 65 %
completed. All works expected to be completed by
September 2022.
6 Power House : 83% completed. Control room, service bay etc.
completed except finishing works. Generator floor
concreting completed. Construction of barrel for 10MW
unit completed and 30MW unit reached at 54.40m.
Balance 1 lift remaining. Power house side wall
concreting in progress.
7 Switch yard : Nearing completion. Cable trench works in progress.
Remaining works
1 Diversion weir : Balance work for block 8 & 9 and allied works.
2 Approach Channel : Concrete lining
3 Intake structure : Intake structure balance work. Concreting of service slab,
hoist column and beam for trash rack. Erection of intake
gate, trash rack.
4 Penstock : Second stage concreting of 8 anchor blocks and balance
erection works.
5 Power House : Balance concreting of barrel II, balance power house wall,
balance works of tailrace channel.
6 Switch yard : Balance cable trench works (about 60m).
Physical progress
Civil works : 72%
Electromechanical Works : 57%
Overall physical progress : 81.50%
The project is expected to be completed by 12/2022
3. Poringalkuthu Small HEP (24 MW, 45.02 Mu)
Civil works of Poringalkuthu Small Hydro Electric Project (24 MW) - contract with M/s
GVR-GMW (JV), Chennai.
The mechanical spinning was successfully carried out on 27.03.2022 and synchronized with the
state grid on 16.04.2022.
4. Bhoothathankettu SHEP (24 MW - 83.5 Mu)
The contract for the execution of the civil works of Bhoothathankettu Small Hydro Electric
Project (24MW) was awarded to M/s. SSEB-RPP Joint Venture on 07.02.2014. All the Civil works
except the 3rd stage concreting and grouting completed, which can be executed only after the
erection works of balance E&M equipments.
The lead partner of the contract consortium have filed cases before the Hon'ble High Court
of Kerala seeking some additional claims in the case of civil works and financial support for the 3 rd
consignment of E&M equipments. As the contractor is facing financial stringency to import the 3 rd
consignment from China, Board has taken effort to make the payment directly to their Chinese
partner, by amending the terms of payment in the agreement for E&M works.
Project is expected to be completed by 31.03.2023.
Present Status:
Civil works - 99.70%
I.A.No.1 of 2022 in W.P.(C)No.33239 of 2017
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Electromechanical works - 86.61%
Overall Physical Progress - 94.06%
5. Sengulam Augmentation Scheme (85 Mu)
Contract for the execution of Sengulam Augmentation Scheme was awarded as per W.O. No
CECC/SAS/3/2000 dated 09.06.2009 to Dr. Sasi Eloor- UNIDEC Joint Venture. Contract agreement in
this regard was executed vide Agreement No. 06/CECC/2009-10 dated 15.07.2009. Official dates of
commencement and completion of the work as per agreement were 09.07.2009 and 08.01.2013
respectively. The Contractor has commenced the work on 06.07.2009. Original time of completion
of the work was extended up to 31.05.2015 and then to 31.12.2017. But the work could not be
completed. The delay in works was mainly due to sub surface geological surprises, public protests,
labour problems etc.
While progressing the tunneling works, heavy loose falls of the soil at chainage 4005m
occurred. Hence the tunneling works were interrupted and could not be proceeded further. The
work was blocked and the project stood idle from 06.01.2016. In that situation, KSEBL had engaged
M/s NHPC as a consultant to resolve the technical snag in driving the tunnel of the Scheme. Based
on the study report of M/s NHPC furnished on 30.05.2017, a proposal for completing the stalled
tunneling works of the scheme using specialized tunneling methods/supports measures etc. by
way of execution of certain excess quantity/extra items with the existing contract was finalized by
KSEBL and got approval from the Government. Accordingly, KSEBL had accorded revised
Administrative Sanction for the work of Sengulam Augmentation Scheme (85 MU) for an amount
of Rs. 81.30 Crore as per order dated 16.03.2019 and accorded sanction for extending the time of
completion of the contract up to 17.03.2022.
As per the recommendation of M/s NHPC Adit I was abandoned due to collapse and cavity
formation and bad nature of soil. Hence tunneling works could only be carried out through Face I
and Face IV. While tunneling through Face I heavy water jetting occurred at ch. 1830.10 m and
work is held up from 08.03.2020. Now various possibilities are being explored to drain out the
flooded water by horizontal/directional drilling, siphon/ gravity flow /pumping, the combination
of above through inlet or new opening that can be made anywhere in the tunnel. M/s. NHPC
Limited was requested to conduct site investigation and to suggest methodology for dewatering
the stalled water at Face I and remedial measures to solve the water jetting issue encountered at
this Face and they conducted site visit from 23.03.2022 to 25.03.2022 and submitted report on
11.04.2022. Based on their report, action is initiated to get proposals from the specialized
dewatering agencies. Tunneling works through Face IV is progressing.
Present status:
1 Weir: : Rock excavation completed. Concreting works for Block
No 3 & 4 completed and up to date quantity executed is
2,958.30m³.
2 Intake : Rock excavation for foundation works completed and RCC
protection wall for a length of 77 m has been constructed
to prevent entry of flood water to the tunnel through
intake.
3 Diversion Tunnel : The total length of diversion tunnel is 6710.439 m.
5095.44 m tunneling work has been completed so far.
4 Exit Channel : The total length of Exit channel is 376.00 meters of which
342.89m channel has been completed.
5 Access roads : The construction of access road to the work fronts such
as Intake, Adit-I, Adit-II and Exit Face completed
I.A.No.1 of 2022 in W.P.(C)No.33239 of 2017
:: 13 ::
1 Weir: : Rock excavation completed. Concreting works for Block
No 3 & 4 completed and up to date quantity executed is
2,958.30m³.
6 Hydro mechanical : Fabrication and erection of scour pipe completed.
works of weir and
Intake.
Remaining works
1 Weir: : The concreting of Block No. 1 and 2 (approximately
1986m3) can be taken up only after completing the works
through Face-1 of the Tunnel.
2 Intake : The concreting works can be started after completion of
the Tunnel works.
3 Diversion Tunnel : Balance 1615m tunnel driving has to be carried out.
4 Exit Channel : Balance length of 33.11m channel is to be completed after
the completion of protective works inside the tunnel.
5 Access roads : Nil
6 Hydro mechanical : The fabrication and erection of trash rack, Intake gate,
works of weir and air vent pipe, etc. to be done.
Intake.
Physical progress : 76.07 %
The project is expected to be completed by March 2024.
6. Upper Kallar SHEP (2MW, 5.14Mu)
The project commissioned on 30.9.2021.
7. Kakkayam SHEP (3MW)
Project commissioned on 16.07.2018.
8. Wanchiyam SHEP (Allotted to Private developer)
KSEBL as per order dated 18.08.2017 has accorded sanction to transfer 12 projects including the
Wanchiyam SHEP to KSIDC for implementation through private participation as per Government
policy and KSIDC will take further necessary action in this regard.
4. Mr.Tekchand, learned Senior Government Pleader submitted that
the Government and KSEBL had already taken all earnest efforts/actions for
the successful commissioning of the hydro-electric projects to comply with
the direction issued by this court in judgment dated 4.8.2020 in W.P.
(C)No.33239 of 2017. However, on behalf of the respondents, learned Senior
I.A.No.1 of 2022 in W.P.(C)No.33239 of 2017
:: 14 ::
Government Pleader seeks further extension of time for completing the
pending Hydro Electric Projects.
5. Taking into consideration of the above, particularly, proceedings
dated 25th July 2022 issued by the Director (Generation - Civil) addressed to
the Principal Secretary to Government, Power Department showing the status
report regarding completion of Hydro Electric Projects, we deem it fit to
extend the time by six months from today. We also deem it fit to retain I.A.
No.1 of 2022 on the file of this Court, for monitoring.
Post after six months.
sd/-
S.MANIKUMAR
CHIEF JUSTICE
sd/-
SHAJI P. CHALY
JUDGE
jes
27-07-2022 /True Copy/ Assistant Registrar
