ANIL SHYAMSUNDAR AGRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of Shri. Kulkarni, learned Counsel for the petitioners, Mrs. Dangre, learned Assistant Government pleader for the respondent nos. l to 4. and Shri. Dharmadhikari, learned Counsel for the respondent no. 5.

(2.) Shri. Kulkarni, learned Counsel for the petitioners, submitted that petitioners are law abiding citizens. The petitioners have preferred the instant petition in the public interest challenging arbitrary action of the respondent no. 1 in extending concession period for collection of toll by the respondent no. 5.

(3.) Learned Counsel Shri. Kulkarni contended that in September, 1977, tender notice was published by respondent no. l for construction of Kamptee-Kalamana road on build, operate and transfer basis (BOT). The bid of respondent no. 5 (Rs. 10. 5 crores) was accepted. On 12. 6. 1998. State Government granted approval for accepting the tender of respondent no. 5 with concession period of six years and three months. On 29. 9. 1998, agreement was executed between Government and respondent no. 5 M/s. Vishwaraj Housing company Private Limited and as per the said agreement, concession period was of six years and three months from the date of commencement of work. The respondent no. 5 was entitled/authorized to collect toll during the said concession period only and on expiry of said concession period, project was to be taken over by the State Government.