PANAJI
In a major setback to the State government, the High Court of Bombay at Goa, in its interim order, held that the renovation work at Kala Academy was undertaken without following the mandatory tender process.
The Court directed that liability be fixed on government officers for bypassing the tendering process, and asked the government to remain vigilant to ensure that any shoddy or defective works fall under the defect liability clause.
"The liability will be fixed upon the concerned officers of the Government of Goa for bypassing the tender process, which is expected to be a transparent process with much competitive spirit and choosing the Respondent no. 5 M/s Techton Buildcon Pvt Ltd Andheri East Mumbai, as the agency for accomplishing the work of structural repair and renovation of Kala Academy," the Division Bench of Justice Bharati Dangre and Justice Ashish Chavan observed while hearing a PIL filed by Durgadas Kamat.
The Bench further stated it is more concerned with the completion of the work while directing the State to ensure it is covered under the defect liability clause.
"...if the work as alleged by the petition is shabby/defective then if as per the work order for a huge and slumping sum of Rs 39,63,73,158 we expect the State government to be vigilant in ensuring that if the work is shoddy or defective ... then the structure must be accordingly repaired/ renovated as per the work order," it added while accepting the State submission on inquiry into the allegations surrounding the works of Kala Academy.
The State also informed the High Court that the Task Force had submitted its report to the vigilance, which is under scrutiny. Structural cracks in beams and columns, seepage/leakage, settlement of wooden flooring, dampness of ceiling, etc were raised during the hearing.
The Bench has scheduled next hearing on September 29.
