JAI LAXMI CONSTRUCTIONS Vs. STATE OF MAHARASHTRA

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. FACTS OF THE CASE :

(2.) 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 3.8.2009 the notice in respect of second call tender process was initiated. Estimated realisation was Rs.1275 lacs for a period of 156 weeks on monthly upfront basis. The petitioners and Mr. S. M. Authade submitted their offers. The bid submitted by the petitioners was of Rs.1338 lacs whereas bid by Mrs. S. M. Authade was of Rs.1275 lacs. On 11.12.2009 office note was put up by the Assistant Executive Engineer (TMU) detailing the bids and proposing to issue temporary work order to the petitioners who were the highest bidder. The said office note has notings of various officials of MSRDC.