No retender for Athirappilly project

Special Correspondent, The Hindu, Wednesday, Jan 02, 2008
http://www.hindu.com/2008/01/02/stories/2008010253480400.htm

Award contract to HCC-BHEL: High Court
Court finds lack of transparency in KSEB decision

Sees no plausible reason for sudden turnaround


Kochi: The Kerala High Court on Tuesday quashed the decision of the
State government and the Kerala State Electricity Board (KSEB) to
retender the contract for the 163-MW Athirappilly hydroelectric power
project in the Chalakuddy river in Thrissur district.

Justice S. Siri Jagan, allowing a writ petition filed by HCC-BHEL
Consortium, directed the KSEB to revise the contract as per a formula
suggested by Water and Power Consultancy Services (India) Limited,
either by itself or by WAPCOs, if necessary, and implement the
decision taken on December 30, 2005 to award the contract to the
consortium.

The court directed the KSEB to take all necessary steps to award the
contract to the consortium by February 25, 2008, so that it could
begin the project before March 30, 2008.

The court observed that there was lack of transparency in the decision
of the KSEB and the government in opting for retendering the contract
which would result in delay and loss to the KSEB and the government.
And the decisions could not be justified.

The consortium contended that the decision to retender the contract
was arbitrary and unreasonable. A global tender was invited for
implementing the project on June 6, 1998 on a turnkey basis. Only four
were pre-qualified. And HCC-BHEL Consortium was selected.

The government accorded administrative sanction for the implementation
of the Athirappilly project on September 2000. A request of the
consortium for escalation cost updated up to 2005 was referred to
WAPCOS, which fixed the total cost at Rs.570 crore. Meanwhile, the
KSEB decided to invite fresh tenders for the project on October 8,
2007.

The petitioner sought to restrain the government and the KSEB from
going ahead with their decision and pleaded for permission to
implement the project. If the work was re-tendered, a substantial loss
would be caused to the KSEB and the government. It would delay the
implementation of the project as fresh clearance had to be obtained
from the Central government, the petitioner contended.

The State government and the KSEB took the stand that the tender
awarded to the consortium was cancelled because of its failure to
comply with the conditions in the tender.

Its request for escalation was contrary to the terms of the tender
conditions. Besides, there was a failure on the part of the consortium
to start the work within the period stipulated.

The court said no plausible reason had been given for the sudden
turnaround in the stand of the KSEB.

The court said that the delay in the execution of work was not
attributable to the consortium.

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