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December 3, 2020 10:40:28 pm
The High Court of Himachal Pradesh has ordered an inquiry into alleged lapses and favouritism in a tendering process by the state city improvement authority for the proposed development of an 11-storey commercial complex in Shimla.
A four-member committee, together with an officer from the vigilance and anti-corruption bureau, has been requested to probe the matter and repair accountability of officers of the HP Housing and Urban Development Authority (HIMUDA) inside a interval of 4 weeks.
The courtroom issued the order after observing that prima facie, some high-ranking HIMUDA officers tried to offer undue profit to some contractors whereas awarding tender for the complex which is proposed to return up in Vikas Nagar.
“If persons responsible …are not held accountable, there is every likelihood of repetition of such illegalities and irregularities in the future… it is the duty cast upon all of us to correct and purify the system which has become rotten on account of highly irresponsible, callous and indifferent attitude of officers responsible for running public organisations,” mentioned Judge Sandeep Sharma in his order, whereas listening to a clubbed petition by two unsuccessful bidders.
According to the petitions and the courtroom order, HIMUDA first invited a young in August 2017 for establishing the complex at an estimated value of Rs 85 crore through the use of pre-fabricated constructions and expanded polystyrene (EPS) know-how.
The proposed 11-storey constructing could have outlets, kiosks, places of work, shops, multiplex halls, parking flooring and a meals courtroom. Without finishing the process, HIMUDA issued one other tender greater than a yr later, in October 2018, this time at a revised estimated value of Rs 45 crore. A month later, the Authority but once more issued a revised tender in which it allegedly diluted eligibility circumstances required by collaborating bidders. The newest tender eliminated a clause which required the agency to not have a dispute with any financial institution reminiscent of a non-performing asset (NPA) case for the final 5 years, which the courtroom mentioned was towards central vigilance fee (CVC) pointers.
Another “most relevant condition” requiring previous expertise of comparable tasks was additionally eased, the courtroom mentioned. The lowest bidder, Vasu Construction Company, was issued a letter of intent two days after the bids have been opened, and requested to start out work regardless that charges weren’t finalised and contract settlement not concluded, the courtroom order mentioned. Two unsuccessful bidders moved the courtroom alleging foul play following which the letter was withdrawn however the firm nonetheless requested to proceed with the mission.
Along with the courtroom case, some complaints have been additionally made to the federal government, and HIMUDA shaped a committee to probe the matter. The committee discovered “many lapses on part of the technical evaluation committee” which finalised the tender and really helpful that both the tender be thought of after sure clarifications or be scrapped altogether. The committee additionally prompt motion towards erring officers. However, the courtroom mentioned, this committee’s report was by no means delivered to its discover and furthermore, another materials paperwork have been additionally withheld from the courtroom.
This truth got here to gentle with the “startling revelation” of a superintending engineer a part of the committee who later deposed that the report submitted by her was not the one positioned on document. Another official, Executive Engineer Sandeep Sen, said in courtroom that he issued a letter of intent to the corporate after directions from the then Chief Executive Officer-cum-Secretary Umesh Sharma.
Sharma, nevertheless, denied this through the listening to. The courtroom additionally discovered different discrepancies in the tender process such because the failure by Vasu Construction Company to show that its three way partnership associate was a contractor certified to assemble utilizing EPS know-how – one of many eligibility circumstances. During the course of the listening to, the courtroom was additionally shocked to be taught that HIMUDA had awarded the contract of constructing a hospital constructing in Bharmour to Level 9 Biz, one of many petitioners, regardless of having earlier informed the courtroom in one other case that the work was being awarded to the state PWD.
Regarding the commercial complex, HIMUDA informed the courtroom that the tender is being cancelled. Nevertheless, the courtroom mentioned that “great injustice to the public at large and loss to the public exchequer would be done if the illegalities committed by officers manning high posts in HIMUDA are not brought to the fore”. Under article 226 of the Constitution, the courtroom has requested a committee comprising of the present HIMUDA CEO, an IGP rank vigilance officer, and the engineers-in-chief of PWD and Jal Shakti departments to probe the matter. The case is now listed for December 29.
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