腺IAS, FAVOURITISM IN AWARDING TENDER�
HC scraps BMC痴 Rs 20-cr road upkeep contract
Raps Civic Chief, Standing Committee; Orders Fresh Tenders ……..Shibu Thomas
Mumbai: In a major setback to the BMC, the Bombay high court on Thursday quashed a Rs 20-crore tender awarded for maintaining roads in the city and suburbs. A division bench of Chief Justice Swatanter Kumar and Justice Ajay Khanwilkar castigated the corporation and municipal commissioner Jairaj Phatak for their failure to safeguard public interest while awarding the contract that smacked of 澱ias and favouritism鋳.
釘oth the municipal commissioner and the standing committee failed to act and exercise the basic principle of fairness and transparency,鋳 said the judges, adding, 典he entire decision-making process suffers from the defect of uncertainty, ambiguity and arbitrariness.鋳 The court also questioned Phatak痴 consultations with chief minister Ashok Chavan, following which a waiver was apparently given to Chirag Constructions, RPS Infraprojects and Tarla Shah who were finally awarded the contract. This was despite the fact that they did not have the basic requisite expertise in carboncor technology used to fix potholes.
BMC had invited tenders in January 2009 for a two year contract for maintaining roads, constructing/improving footpaths, placing street furniture, railings, boards, raising manholes and repairing potholes. Initially, one of the main conditions of the tender was that bidders should possess expertise in carboncor technology. This condition was changed on February 10, allowing bidders to sign a joint venture agreement with the manufacturer of carboncor.
When the tenders were opened, following a representation by Chirag Constructions and others, the municipal commissioner waived the carboncor condition altogether. The petitioners, including Ashwin Shah, who had also bid for the contract, claimed that the other bidders were not informed of this change.
的t appeared that suddenly larger public interest and the interest of the corporation was overlooked and procedures waived for sustaining private interest,鋳 said the judges. The court observed that it was the responsibility of the corporation to decide the roads that were to be repaired and the technology to be used. 的t is not for the bidder to decide which road he would repair with what technology, more so a bidder who does not even have the basic requisite of carboncor technology,鋳 the judges said.
Phatak痴 interaction with the CM appeared to have played a role. 展hat was the need for the municipal commissioner to discuss the matter with the CM. It will be appropriate for us to leave the matter at that, while noting that this exercise by municipal commissioner seems to be beyond the authority of law. The shadow of such discussion, if any, certainly resulted in change in the attitude of the municipal corporation in awarding the contract to the private party,鋳 the court remarked.
The HC has asked the BMC to invite fresh tenders and clearly state the terms and conditions without any ambiguity while keeping in mind the economic interests of the civic body.