MUMBAI: Despite three independent committees arriving at a “much lesser” valuation, consent terms were entered into by bureaucrats during President’s rule in November 2019 to pay a “much higher” Rs 358 crore to a road contractor, the state government has told Bombay high court.
It was replying to a contempt petition by Manaj Tollway Pvt Ltd, which bagged a four-lane and improvements contract for two state highways in 2013. In December 2019, HC passed a consent decree to pay Rs 358 crore to it. While Rs 1 crore was paid, Rs 357 crore was deposited in HC in the contempt plea. With HC dismissing the state’s review plea against the consent decree in March 2021, Manaj sought withdrawal of the amount with accrued interest and contempt against the state.
The state’s reply countered that it, “on its own, deposited Rs 357 crore in the HC to show its bona fide.” Filed by public works department secretary, it said as consent terms were entered into by officers after the new government was formed and without its approval, the state moved for review of the consent decree.
It said that out of 41 km of work awarded to Manaj on January 1, 2013, some 32km was made available. “Despite that, not a single km was four-laned by the contractor, keeping the work incomplete, and rendering the road prone to accidents.’’ On March 27, 2015, Manaj served a termination notice and unilaterally stopped work.
The reply said valuation by an independent engineer, the then chief engineer and a three-chief engineer committee pegged the cost of work done highest at Rs 197 crore. A ground in the state’s review plea was that on Manaj’s request, then PWD minister had approved a one-time settlement of Rs 184 crore. It was not mentioned in the note to governor Bhagat Singh Koshyari to Rs 358 crore to Manaj. HC will hear the contempt plea on Tuesday.
