Pragati Maidan Tunnel case: L-G House officials question arbitration

PWD and Law Minister Atishi had earlier opposed the appointment of senior advocate Mahesh Jethmalani as special counsel for PWD by the L-G last month.

L-G House officials said on Thursday that the agreement between PWD and L&T Limited very specifically stated that no person other than that appointed by the chief engineer (PWD) should act as arbitrator if such a situation arises.

“Jethmalani has taken a stand in the court that no arbitration is required and the appointment of an arbitrator by the court in itself is void ab initio because of this clause in the agreement,” said an official.

“The chief engineer (PWD) had offered five names as arbitrators to choose from… However, an arbitrator was appointed by the High Court. The Delhi Government counsel appointed by Atishi did not oppose the appointment of the arbitrator by the High Court,” the official added.

L-G House officials also questioned Atishi’s opposition to Jethmalani’s appointment.

A senior official, however, questioned why the L-G Secretariat had bypassed the elected government in the appointment of a counsel in the case despite it being a subject transferred to the Delhi government.

The Aam Aadmi Party, meanwhile, asked why no action had been taken on the Rs 550-crore notice issued by the PWD to L&T. “Due to the shoddy job of the contractor, every time it rains, not only the tunnel but the entire surrounding area gets waterlogged. This part of Central Delhi is home to several important national institutions, so the flooding creates huge problems for commuters and residents, while also tarnishing the city’s reputation as the national capital,” the party said.