Bombay High Court
Bhagvanji Rayani vs State Of Maharashtra And 3 Others on 12 March, 2019
Author: Naresh H. Patil
Bench: Naresh H. Patil, N.M. Jamdar
1/3 17pil 51.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.51 OF 2017
Bhagvanji Rayani ... Petitioner
v/s.
State of Maharashtra & ors. ... Respondents
Ms.Aparna Deokar I/b. M.P.Vashi associates for petitioner.
Mr.S.B.Talekar i/b Talekar & associates for respondent no.2.
Ms. S.V.Bharucha a/w. Mr.Yashodeep Deshmukh for respondent no.5.
Ms.Meena H. Doshi for respondent no.4.
Ms. Geeta R. Shastri, Addl. GP for State.
CORAM :NARESH H. PATIL, C.J.
& N.M. JAMDAR, J.
12th March 2019.
P.C. The petitioner has prayed for various directions in respect of decision to construct the memorial of Bharat Ratna Dr.Babasaheb Ambedkar on the plot of India United Mill No.6.
2. The respondent-MMRDA has filed affidavit-in-reply of Suresh ::: Uploaded on - 14/03/2019 ::: Downloaded on - 14/03/2019 22:26:12 ::: 2/3 17pil 51.17.doc Shivappa Lokare, Executive Engineer. Paragraphs 37,46 and 47 of the affidavit-in-reply read as under:-
37. I say that pursuant to the directions given by Government of Maharashtra, MMRDA has given administrative approval to approximate cost of Rs.600 crores for construction of the Memorial.
46. I say that the memorial is going to be a public utility centre consisting of research centres, lecture halls, library, mediation centre and conference halls.
The proposal of acceptance of bid of M/s. Shapoorji Pallonji and Company Pvt. Ltd. At Rs.709 Crores which is 13.019% above estimated cost of RS.622 crore including prevailing taxes at that time was approved by the executive committee, MMRDA in its 256 th Meeting held on 20.12.2017.
47. The tender submitted by M/s. Shapoorji and Pallonji and Company Pvt. Ltd. Was found to be the lowest as it secured 90.35 marks out of 100 as per the qualifying criteria prescribed in clause 4.1 of the tender document M/s. Shapoorji & Pallonji and Company Pvt. Ltd. Had initially offered Rs.786 crores whereas after negotiations with the Chief Engineer and thereafter with the Executive Committee, M/s. Shapoorji & Pallonji and Company Pvt. Ltd. Accepted the tender for Rs.709 crores inclusive of GST. As a result, the Executive Committee accepted the tender in its meeting held on 20.12.2017, copy of which is annexed herewith and marked at Exhibit "R-14".
3. The learned Counsel appearing for MMRDA submits that work ::: Uploaded on - 14/03/2019 ::: Downloaded on - 14/03/2019 22:26:12 ::: 3/3 17pil 51.17.doc has commenced and about 20% work is already completed.
4. Stand over to 2nd April 2019.
N.M.JAMDAR, J CHIEF JUSTICE
L.S. Panjwani, P.S.
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