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The report submitted by Senior Advocate Renjith Thampan, Amicus Curiae to the Kerala High Court's suo motu case on the 2024 Wayanad landslides, has called for the need to probe the pre-qualification process for the selection of contractor in the wake of recent slope failure at the twin-tunnel project site at Kalladi, Wayanad. 

Renjith Thampan submitted a report on his findings into the July 7 Wayanad landslip, flagging serious oversight in the award of the contract for the Kalladi–Meppadi twin tunnel project to Dilip Buildcon.

It points to two major infrastructure projects undertaken by Dilip Buildcon that had suffered serious structural defects, raising questions over the 'pre-qualification, due diligence and supervision of contractors executing high-hazard works in disaster-prone terrain'.

One such instance cited is the 2021 collapse of the Anakapalle flyover in Visakhapatnam, where two girders of an under-construction flyover on the Anandapuram–Pendurthi–Anakapalle stretch of NH-16 collapsed, killing two people and injuring three others. The report notes that an expert committee appointed by the National Highways Authority of India (NHAI) had prima facie attributed the collapse to poor and inadequate anchorage of the girders after launching and had also flagged lapses on the part of key officials of the concessionaire.

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The report also refers to the company's disqualification from the Bengaluru tunnel road project tender in 2026. It notes that the tender conditions excluded firms with a history of structural collapses involving bridges, flyovers or tunnels.

Based on these findings, the report cites that the state may be directed to give a response on the pre-qualification and due diligence process followed before awarding the EPC contract for the project. The report questions whether the contractor's antecedents were disclosed and considered during the evaluation and whether any enhanced supervision was mandated in light of its past record.

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It also sought the state's response on whether tender frameworks for projects in hazard-prone areas should incorporate explicit eligibility criteria similar to those adopted in the Bengaluru tunnel road tender.

The report further states that the Contractor's All Risk (CAR) insurance—intended to provide immediate compensation to the families of those killed, injured and others who suffered losses in the landslip—could be denied if it is established that there was a wilful breach of statutory directions or a conscious disregard of repeated warnings, such as the five letters issued by the Wayanad District Disaster Management Authority (DDMA) and inspection findings.

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In light of this, the Amicus argues that victims should not be left to await the outcome of insurance proceedings. Instead, the report recommends that the state provide interim compensation, while retaining the right to recover the amount later from the contractor or the insurer.

The report also calls on Konkan Railway Corporation Ltd. (KRCL), the Kerala Public Works Department (KPWD) and the contractor to produce the CAR insurance policy and all related insurance documents, confirm that the insurer has been notified, submit details of all claims filed, including third-party claims, and ensure that no material evidence at the site is disturbed except where necessary for rescue and safety operations.

The July 7 landslip occurred nearly two years after the devastating 2024 Wayanad landslides and claimed seven lives while leaving several others injured. The disaster was attributed to the unscientific accumulation of excavated earth at the Kalladi–Meppadi twin tube tunnel road project site.  As part of the suo motu case initiated by the High Court following the 2024 landslides, the court had appointed Renjith Thampan as Amicus Curiae to examine the incident and submit a report.

The report, submitted on Thursday, contends that the disaster was not unforeseen and notes that the tragedy "was foreseen, in writing, five times over," referring to repeated warnings issued before the landslip.

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