Tragedy due to sequence of illegal acts, relief can’t be decided based on MV Act provisions: Harni victims’ kin

The victims made a seven-page submission to the Deputy Collector, who has been appointed to decide the compensation to be paid by the contracting agency, M/s Kotia, based on a November 29 order of the Gujarat High Court, which is hearing a suo motu PIL in the case.

Gupta told The Indian Express, “We have demanded a compensation of Rs 5 crore per family and emphasised on the fact that there should be a joint liability of the civic body, the school and the contractors.”

Gupta further stated that in the contention against the civic body, the families have brought to the notice of the Deputy Collector that the VMC had “connived from the start” to ensure that M/s Kotia Projects was given the contract to develop the Lake Zone under the PPP model despite “being ineligible”.

Presenting documents from the Vadodara Municipal Corporation (VMC) records before the Deputy Collector, Gupta argued that the VMC officers had “failed to perform their sincere duty” between 2015 and 2017, which resulted in the “setting up of an illegal Lake Zone” and the eventual tragedy.

Gupta said, “We have placed on records the documents of the VMC that show that right from the stage of evaluation, M/s Kotia was given favours although the company was ineligible from among the two bidders. While the proposal to approve M/s Kotia for the Harni Lake Redevelopment Project had been put forth by then Municipal Commissioner before the Standing Committee that met on September 8, 2016 and September 12, 2016, M/s Kotia wrote a letter addressing the Municipal Commissioner on August 29, 2016, to offer a revised premium on a letterhead that was printed in the name of the Harni Lake Zone, even before the approval of the Standing Committee and General Board of the VMC.”

Gupta has further submitted an internal evaluation report of the VMC of two bidders, who had expressed interest in the project.

While the first bidder — Mangalam Construction co. — was found to have experience in civil works, the evaluation report had stated that M/s Kotia Projects “will work out in consortium and collaboration with Planning Solutions (the company headed by former Vadodara Town Development Officer Gopaldas Shah, an accused in the case), a firm engaged in beach development, lake development, urban development, tourism development, infrastructure development… fisheries projects and awareness about maintaining a natural body of lake, preservation of aquatic life…”

Gupta also pointed out that the VMC had considered the net turnover of M/s Kotia Projects from the financial year 2012-13, 2013-14, and 2014-15, amounting to a net worth of Rs 3.87 crore, although the contracting firm came into existence in 2015.

Gupta said, “From the internal documents of the process of handing over this contract to M/s Kotia Projects, it is clear that there has been a big conspiracy with those involved being aware of the potential risks and dangers that such illegal operation could cause to human life…”