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Supreme Court of India 2020-09-22 allowed

STATE OF KERALA & ANR. ETC. ETC vs M/S RDS PROJECT LIMITED & ORS. ETC. ETC

Bench: 3 — Rohinton Fali Nariman, Navin Sinha, Indira Banerjee

In Brief

The Supreme Court considered whether Kerala's decision to demolish and reconstruct the Palarivattom Flyover, rather than repair it, violated Article 14 of the Constitution. After the flyover developed cracks within a year of inauguration, the State appointed a High Level Committee of expert engineers to evaluate divergent proposals from IIT Madras (repair via strengthening) and Dr. E. Sreedharan (demolition and reconstruction with 100-year guarantee). The Committee recommended Sreedharan's approach, which the State accepted. The High Court had directed a load test first. The Supreme Court set aside the High Court judgment, holding that the State's acceptance of a reasoned expert committee recommendation does not constitute arbitrary action reviewable under Article 14. Courts must confine judicial review to testing arbitrariness, not substitute their judgment on technical matters.

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Constitutional Law Judicial Review Article 14 Administrative Law Expert Committees Public Works Infrastructure

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