[Urbanstudy] HOW BBMP WAS BYPASSED, SIDELINED FOR TENDERSURE

[Vinay Baindur]

http://www.bangaloremirror.com/bangalore/cover-story/How-BBMP-was-bypassed-sidelined-for-TenderSURE/articleshow/53623425.cms


HOW BBMP WAS BYPASSED, SIDELINED FOR TENDERSURE
Bangalore Mirror Bureau | Aug 10, 2016, 04.00 AM IST


By: Subir Ghosh


Documents accessed under RTI by Mirror show how the BBMP chief engineer's
suggestions on water drainage were trashed; the results are there for all
to see


One of the reasons why allegations against the TenderSURE initiative of the
Karnataka government has not made much headway is that all agencies and
government departments have been pointing towards someone else, or simply
passing the buck. No one wants to take ownership of the problems.


For instance, the Jana Urban Space Foundation (Jana USP, as it calls
itself), that has been at the forefront of the project, has always insisted
that it is the Bruhat Bengaluru Mahanagara Palike (BBMP) that is the
implementing authority of TenderSURE projects. Jana USP chairperson Swati
Ramanathan, when asked by a researcher in May 2014, had replied in an
email, "The right entity to ask these is (the) government—state which
scrutinised and authorised the project in (the) Assembly... I am providing
design engagement—functionality, design usability, standards, technical
challenges—and am on the technical committee."


Records of official minutes procured under the Right to Information (RTI)
Act, however, indicate that even though the BBMP commissioner was the
implementing authority on paper, it was Jana USP which called the shots.
Moreover, BBMP engineers were officially asked to lay off, and the
multitude of civic agencies of the city were asked to abide by Jana USP's
instructions and specifications.


Bypassing BBMP


At the very first meeting that then chief minister DV Sadananda Gowda had
with a five-member delegation from the Bangalore City Connect Foundation
(BCCF) in September 2011, it was BBMP commissioner HS Siddaiah who was
present, but the mayor of the elected council was not. A tentative amount
of Rs75-100 crore was approved, and it was even decided that a government
order would be issued within 15 days. In doing so, the Karnataka Municipal
Corporations Act was circumvented.


According to Section 166 of the KMC Act, only the commissioner can prepare
estimates of expenditure and income. The next section of the Act stipulates
that budget estimates have to be prepared by the standing committee on
taxation and finance. The budget then has to be passed by the corporation,
and only then can the state government sanction the budget either in its
entirety or subject it to modifications. And if changes are required, the
corporation needs to pass a supplemental budget. None of these were done.


Though it was not clear at the beginning where the money would come from,
it was later decided that the state government and the palike would split
the costs equally. However, even this was not done by taking the council
into confidence. Incidentally, all this time, it was the Bharatiya Janata
Party (BJP) that was in power both in the Assembly as well as the palike.
By the time the tender was eventually awarded in August 2013, Siddara-maiah
had become CM.


Who's the boss


The meeting chaired by BBMP commissioner M Lakshminarayana on February 28,
2014 was the first major one after the tender had been awarded to NAPC Ltd
in August 2013. That day, Ramanathan complained that the BBMP had not been
"treating Jana USP well" and asserted that her organisation had in fact
volunteered to do all the construction drawings for the project. The chief
engineer (road infrastructure) countered this saying the task of preparing
drawings was part of the consultant's job, and that it was obligatory on
part of Jana USP to provide the same.


Ramanathan also objected to the chief engineer's comments that the
technical submissions made by Jana USP were "substandard." She argued that
the designs and drawings were only architectural illustrations and those
would change when the project was actually rolled out.


A number of other apparent technical flaws were pointed out too, and on
every count it was insisted upon by the commissioner that those would
eventually change. It was at this meeting that Ramanathan insisted on the
appointment of nodal officers for "smooth coordination" among agencies.
This was accepted by the commissioner.



Serious differences, however, persisted, and reached a point of no return
at a meeting at the Vidhan Soudha on July 15, 2014 that was chaired by
chief secretary Kaushik Mukherjee. There were sharp differences over
technical specifications between Ramanathan and the chief engineer for road
infrastructure, S Somashekar. Ramanathan objected, and said changes were
made without Jana USP's "consent." The balance of power changed at this
point.


The additional chief secretary (urban development department) said that
henceforth, no changes would be made once drawings and specifications were
"issued" by Jana USP.


What was added to this was more significant: "There shall be no powers to
the chief engineer to make any changes in the drawings and specifications
that are going to be issued by JUSP for TenderSURE implementation unless
agreed by JUSP." If that was not all, it was also decided that "BBMP
engineers should not get involved in these roads and visit these roads
except for checking the final measurements submitted by the executing
agency, which shall be certified by JUSP and approved by a project
management consultant."


The subsequent directions were still clearer: "JUSP shall visit the sites
and give necessary directions to the agency to implement the work as per
the drawings issued by them." So, even though Ramanathan has consistently
insisted that it was the BBMP that was the implementing authority, it is
evident that the palike officials could not do anything without the nod of
Ramanathan or her organisation.


Copies of the minutes of both meetings are in the possession of Bangalore
Mirror.
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