The Bombay High Court on Thursday granted an interim stay till January 9, 2024 on the operation and implementation of the fresh tender, worth Rs 1362.34 crore, issued by the Brihanmumbai Municipal Corporation (BMC) on December 4 for concretising roads in the island city. The court said the concretisation “is not a matter of emergency”. The high court clarified that if any digging or trenching work is done and if any barricades around such pits/trenches have been removed, the BMC must put up protective bollards/barriers for the sake of public safety so that there is no untoward incident or accident. It added that the petitioner firm was put to notice that a future order may require them to bear the costs of such protective works. A division bench of Justices Gautam S Patel and Kamal R Khata passed the order while hearing a plea by M/s Roadway Solutions Infra Limited (RSIL) whose contract of over Rs 1,233 crore for improvement and concretisation of various roads in Mumbai island city was terminated by the civic body last month. On November 30, the high court had restrained the BMC from taking any coercive or punitive action against the firm till January 9. It had also sought a detailed affidavit in reply to the plea from the civic body by January 5. It had felt no need to grant a specific stay with regard to the award of a fresh tender, which was not proposed at that stage. The high court had said that if the BMC issues a fresh tender, the petitioner was at liberty to apply for the same. On December 14, the bench was told that even before the BMC served its affidavit in reply to the petitioner firm, the civic body had decided to proceed with a revised tender. The high court said that on one hand, the termination notice had been stayed and on the other hand the BMC insisted on proceeding with the fresh tender. "We see no urgency whatsoever on the part of the BMC. Concretising roads in the city is not a matter of emergency. Curiously, one of the principal reasons for the impugned termination is an alleged delay on the part of the Petitioners of several months in commencing the work of concretising. If this be so, we see no reason why the BMC should take peremptory action of rushing to a fresh tender. It is likely to result in an extremely difficult situation,” the bench noted. "This might result in a completely intractable situation if, for any reason and after hearing the matter and considering merits the Petition ultimately succeeds, because that would inevitably require the cancellation of any fresh tender," Justice Patel added. From every perspective, the bench said, it is therefore better that the BMC waits "in regard to the fresh tender until the petitioners have had an opportunity to put in a rejoinder and the matter is heard fully on merits.” The high court, while staying the effect of fresh tender, said it will dispose of the pleas on January 9.
