ATHARVA CONSTRUCTION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The two Writ Petitions revolve around congruent facts and, hence, they were heard together and are being disposed of by this singular order.

(2.) The Thane Municipal Corporation invited tenders for providing, laying and commissioning of gravity sewer along with construction of a manhole for sewerage zone in certain areas in Thane City. The Petitioner in Writ Petition No.1429 of 2020 participated in the tender process and was issued with a Work Order on 02nd February, 2018 for the work to be carried out in Kalwa Prabhag Samiti in Thane City. The time limit for completion of the work which was allotted was stipulated to be twelve months : time to be reckoned from the date of issuance of the Work Order. Another tender was floated for construction of supply, erection, testing and commissioning as well as start up of three Sewerage Treatment Plants with performance run along with operation and maintenance of the three Sewerage Plants and three Sewerage Pumping Stations for five years. The Petitioner in Writ Petition No.1430 of 2020 participated in the tender process floated by the Thane Municipal Corporation and the bid offered by him for an amount of Rs.72,88,98,150/- was accepted. The Thane Municipal Corporation issued a Work Order to the Petitioner on 16th December, 2014 and the work which was to be completed within time span of twelve months was granted extension from time to time and the duration of the work to be undertaken was extended till 30th June, 2018 by freezing indices as on December, 2015.

(3.) The Petitioners in both the Writ Petitions are aggrieved by the notice received by them dated 30th September, 2019 demanding royalty in terms of the Government Resolution issued by the State Government. In the first Petition, the royalty for the two works allotted in favour of the Petitioners is to the tune of 1,38,32,800/- Rs. and Rs.19,59,200/- respectively whereas in case of the Petitioner in Writ Petition No.1430 of 2020, the royalty demanded is of Rs.44,78,000/-.