‘Sorry State Of Affairs’: High Court Pulls Up Delhi Govt For 'Avoiding' Responsibility To Pay For Construction Work Of Sardar Patel COVID Facility

Calling it a "very sorry state of affairs", the Delhi High Court has pulled up the national capital government for “trying to avoid its responsibility” of making payments for the construction work of the 10,000-bed Sardar Patel COVID Care Centre.

Justice Gaurang Kanth observed that even after two years of successful completion of the construction work, the entity’s case for issuance of work orders “has not seen the light of the day” and the authorities are “passing buck from one department to another.”

“Prima facie, it appears to this court that the respondents (Delhi Government) are trying to avoid their responsibility for making payments towards the construction of the largest COVID care facility with 10,000 beds,” the court said.

The court was hearing a plea by Shri Balaji Exims seeking directions for expeditious processing of the paperwork to enable it to submit the bills and invoices for payments for the work completed by it for constructing the Covid Care Centre.

It was the entity’s case that it had undertaken the work of air conditioning, donning and doffing of the roof, electricity and infrastructure for blood banks for the COVID care facility. Delhi government took over the project and inaugurated it on July 05, 2020.

Senior Advocate N Hariharan appearing for the petitioner submitted that after the entity approached the authorities for issuance of work order, they went completely silent and non-responsive to its claims.

In a short affidavit filed in February last year, the Delhi government’s Public Work Department (PWD) submitted that in the absence of administrative approval and expenditure sanction, no work order was ever issued to execute the construction work and thus it was not in a position to process the invoices raised by the entity.

It was also the stand of PWD that the spot quotation or tender issued to the entity by the Delhi government was in violation of the CPWD Rules as well as Department of Expenditure Rules.

Taking note of the stand, the court observed:

“Based on the promises made on behalf of the Government of NCT of Delhi, the petitioner incurred expenses and carried out the work of air-conditioning, donning and doffing of the roof, water proofing of the roof, electricals to the entire system, infrastructure for the blood banks at the India‟s largest COVID care facility. However, inspite of clear admission, respondent No. 1 is not processing the petitioner‟s case for issuance of work order and preparation of the necessary protocol driven paper work because the Administrative approval and expenditure sanction from the Competent Authority is still not available.”

The court also said that once it is admitted that the petitioner entity had undertaken the construction work of the COVID care facility based on the tender issued by the Delhi government, it cannot be left to bear the expenses incurred by them for creating the “World- class COVID Care Centre.”

Furthermore, noting that the Delhi government had used the services of the entity in constructing one of the largest COVID care facility in emergent situation, the court said:

”The construction of COVID care facility was applauded not only within the country but also all across the globe for the commitment which the petitioner has shown towards the citizens of this city. Inspite of having undertaken the work of providing the services of Air conditioning, donning and doffing of the roof, water proofing of the roof, electricals to the entire system, infrastructure for the blood banks for the COVID care facility”, the respondents have till date failed to even issue the work order to the petitioner for the work undertaken by it in construction of the so-called largest COVID care facility during such testing times.”

The court thus directed Delhi Chief Secretary to examine the matter in co-ordination with the various departments involved in the process and take appropriate decision, keeping in mind the admissions made by the authorities in their affidavits.

“This court directs the Chief Secretary, GNCTD to consider the fact that the petitioner has incurred expenses in providing the services of air- conditioning, donning and doffing of the roof, water proofing of the roof, electricals to the entire system, infrastructure for the blood banks for constructing the COVID care facility centre as per the spot quotation/tender dated 27.06.2020 issued to them by GNCTD,” the court said.

It also directed the Chief Secretary to process the necessary work order and relevant approval if the case of the petitioner warrants the same.

The matter will now be heard on April 21.

Title: SHRI BALAJI EXIMS v. PWD GOVT. OF NCT OF DELHI & ORS.

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