Bhopal (Madhya Pradesh): The principal bench of the Madhya Pradesh High Court at Jabalpur expressed strong displeasure over the state government's decision to issue a fresh maintenance tender for the flyover in front of Bhopal's Habibganj railway station.
A division bench comprising Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal remarked that the government has funds for such projects, yet cites a lack of resources when it comes to constructing school buildings, community health centres and court complexes.
The bench questioned why the government was issuing a new tender worth Rs 4.69 crore for the work when the task fell under the contractor's existing obligations and was to be performed without additional payment.
The court stayed the order blacklisting the contractor who built the flyover. It also halted the process for the new Rs 4.69 crore maintenance tender.
The Public Works Department (PWD) inspected the flyover on July 30. When certain defects were discovered during the inspection, the contractor was instructed to rectify them within three days.
According to the petitioner, the very next day, Aug 1, a show-cause notice was issued, followed by an order to blacklist the company.
It was submitted on behalf of the petitioner that rectifying defects identified during inspections fell within the scope of the contractor's responsibilities during the maintenance period.
Despite this, the PWD issued a new maintenance tender worth Rs 4.69 crore for these very tasks. The petitioner challenged this action in the High Court.
Following the hearing, the court stayed the blacklisting order and the process for the new tender.
However, the High Court directed the petitioner contractor to rectify the defects identified during the inspection as part of their contractual obligations and to submit a report on the matter at the next hearing.
Senior advocate Naman Nagrath, who appeared on behalf of VYSC Infra Projects Limited (petitioner), told Free Press that the HC has stayed PWD order regarding blacklisting of the company which is ready to rectify defects.
