Saturday, 12 September 2009

'Public interest' saves Metro works from HC stay

BANGALORE : By citing public interest, the High Court on Friday upheld the petition regarding allotment of tender for fastening systems for the safety of Metro railway track. While dismissing the petition filed by Logwell Forge Limited, Justice Mohanshanthan Gowder observed that: “The larger public interest requires that the progress and implementation of the Bangalore Metro Rail Corporation Limited (BMRCL) be not delayed. So, the court would not like to interfere in the implementation of the project.” He further said that law should take a backseat when it comes to “larger public interest”. “Despite some procedural lapses in the tender notification, relief cannot be granted to the petitioner at this stage. The project should be implemented keeping in mind of safety of the public at large. The commercial interest of the manufacturers should yield to the greater public interest,” the court remarked.

The petitioner has argued that the BMRCL had violated the Karnataka Transparency in Public Procurement Act by awarding the tender to as German- based company to install fastening systems to its proposed railway track.

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