Bombay HC asks CAG to File affidavit in Mumbai-Pune eway toll collection

The court also directed the addition of the contractor as a party to the PIL and asked the state to file its reply within three weeks as well and posted the hearing to April 21.

The Bombay high court (HC) has directed the Comptroller and Auditor General (CAG) to file a comprehensive affidavit regarding the claims made in the public interest litigation (PIL) which seeks discontinuation of toll collection on the Mumbai-Pune Expressway and the affidavit filed by the Maharashtra State Road Development Corporation (MSRDC) justifying the extension of the toll collection contract till 2030. The court also directed the addition of the contractor as a party to the PIL and asked the state to file its reply within three weeks as well and posted the hearing to April 21.

Mumbai-Pune Expressway. (HT FILE)

A division bench of chief justice Dipankar Datta and justice Girish Kulkarni, while hearing the PIL filed by advocate Pravin Wategaonkar and Maharashtra Navnirman Sena (MNS) leader Nitin Sardesai, was informed by Dr Milind Sathe for MSRDC that documents supporting the affidavit were being submitted as per court directions on Wednesday.

While referring to disclosures in the MSRDC affidavit that nearly 20,000 vehicles were using the expressway without paying toll every day, advocate Girish Godbole, amicus curiae, said it was impossible to believe that such a large number of vehicles were exempted from paying toll even if the exemption was granted by the government. He submitted that in light of this, the allegation of Wategaonkar of under-reporting/misdeclaration of toll revenue had some substance. Godbole submitted that the under-reporting of toll revenue by the contractor could result in a loss to the Union of India.

After hearing the submissions, the bench asked CAG to assist the court in the determination of issues involved as experts on the matter and to file a comprehensive affidavit dealing with the issues raised in the petition and affidavit in reply by MSRDC. Advocate Vinay Joshi for CAG sought time of three weeks to comply, to which the court granted two weeks. The court also directed advocate general Ashutosh Kumbhakoni for the state to file an affidavit based on the documents placed before the court.

The court then observed that as the contractor was not a party to the PIL with regards to the nature of allegations levelled in the petition it was necessary to make him a party as issues raised could not be heard without allowing him to have his say. The court then directed the contractor to be made a party and also directed advocate Venkatesh Dhond for the contractor to file an affidavit in response to the PIL and posted hearing of the PIL to April 21.