MANISH JAISWAL Vs. STATE OF M P

JUDGEMENT

(1.) In this bunch of writ petitions, since common questions of law and facts are involved, they were heard analogously and are being decided by this common order.

(2.) The M.P. Road Development Corporation Ltd. invited the global tender for construction of Rau-Mhow- Mandleshwar road on BOT basis, pursuant to which bid of Mhow Agroh Pathways Pvt. Ltd. (hereinafter referred to as 'the concessionaire') was accepted and a concession agreement (in short 'the agreement') was executed on 28th July, 2011. Under the aforesaid agreement, Rau-Mhow- Jaamghat-Mandleshwar which forms a segment of old National Highway-3 and State Highway-1 was to be constructed. The project road consists of two existing sections, namely, Rau-Gawli Palasia-Mhow forming part of old National Highway-3 having total length of 20.40 kilometres and Mhow-Jaamghat-Mandleshwar forming part of State Highway-1 having length of 54.20 kilometres.

(3.) Admittedly, the project road from Rau-Gawli Palasia-Mhow 20.40 kilometres has been constructed by the concessionaire and under clause 14.3.1 of the agreement, an independent engineer has issued provisional certificate of completion to it on 3.2.2014. It is also not in dispute that pursuant to the aforesaid provisional certificate, the concessionaire has been collecting toll from the users in respect 20.40 kilometres of the project Highway which has been constructed by the concessionaire.