JAI LAXMI CONSTRUCTIONS Vs. JAYDATT KSHIRSAGAR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners, the learned Assistant Government Pleader for the Respondent No. 1, the learned counsel for the respondent no. 2 and the learned counsel for the respondent no. 3. Rule. Returnable forthwith by consent of the parties.

(2.) FACTS OF THE CASE : . The State Government had issued Government Resolution dated 15.4.2002 in respect of development of roads in Solapur through Maharashtra State Road Development Corporation Ltd. (MSRDC) on the build, operate and transfer basis by providing collection of toll for a period of 29 years to recover the cost of project to be incurred. The State Government issued a Notification dated 31.5.2006 specifying the toll station locations, the rates to be charged for various types of vehicles in respect of the Integrated Road Development Project, Solapur (IRDP, Solapur ). The toll collection contractors have been appointed in respect of IRDP Solapur from time to time. The toll contract which was in existence was expiring in the month of December 2007, offers were invited by MSRDC in September 2007 for appointment of toll collection contractor in respect of IRDP Solapur. The contract was of 52 weeks on monthly upfront payment basis. The highest bid of S. M. Authade of Rs.325 lacs was accepted for the contract period of 52 weeks from 24.2.2008 to 22.2.2009. The work order dated 21.2.2008 was issued.

(3.) ON 13.4.2010 at the meeting of the Board of Directors of the respondent no.2, the members of the Board authorised Chairman and Vice Chairman and Managing Director to decide on tenders received for collection of toll at IRDP, Solapur and to take suitable steps. The Chairman vide noting of 27.7.2010 observed that after studying the proposal and scrutinising the documents that if the contract was awarded to either of the contractors i.e. petitioners or Mr. S. M. Authade the possibility of filing petition in the Court could not be denied. It further stated that the Solapur Camp Office had proposed change of locations of three toll stations out of four toll stations involved in the second call tender process. The Chairman therefore directed that the Government's approval be taken immediately for change of locations of these toll stations and the new tender process be started immediately as per the said changes. The Chairman further observed that to avoid any financial loss to the Corporation, the existing contractor i.e. Mr. M. S. Authade be asked to pay the rate of highest bidder of the tender and the said tender process be cancelled as the location of three toll stations was going to be cancelled.