A division bench of Chief Justice Alok Aradhe and Justice Makarand S Karnik passed a judgment on PIL challenging the tender dated January 4, 2024 issued by the Commissioner of Health Services and Mission Director of National Health Mission, Mumbai.
The “design, build, finance, operate and transfer” (PPP-DBFOT Hybrid Model) contract is related to “Dial 108” ambulance project under Maharashtra Emergency Medical Services (MEMS).
The PIL also challenged the Government Resolution (GR) of March 15, 2024 that confirmed the award of the MEMS project to a consortium of firms including BVG India Ltd and Sumeet Facilities Limited.
The plea sought direction to conduct full-fledged inquiry into “illegal transactions” which led to subject tender as well subsequent transactions which led to the GR.
In May, 2024, Advocate General Birendra Saraf for the government had doubted credentials of the petitioner Vikas Sadashiv Lawande, a social and political worker belonging to NCP (SP), and termed it as a “politically motivated” plea.
However, the court had observed that cognisance of the issues raised in the PIL should be taken but not at the instance of Lawande.
The plea stated that the previous contract awarded to BVG India for operating MEMS with a fleet of 937 life support ambulances was extended from February 2019 to January 2024 without any reasonable justification and later the fresh tender was illegally awarded to the consortium that included the same firm in March, 2024.
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The PIL also said that ambulances were required to be procured considering rise in population.
Senior advocate Venkatesh Dhond, as amicus curiae to assist the court in the matter, submitted that Sumeet Facilities was appointed as an advisor to state government and therefore it could not have participated in the bid. He added that since a forensic audit was pending against BVG, which is part of the successful consortium, the tender ought not to have been awarded to the said consortium. The state denied allegations.
“It is not for the petitioner to determine the number of ambulances which should be open for the state to advance public health. The subject tender is to provide emergency medical services with a fleet of 937 ambulances across the state of Maharashtra, which is in public interest,” the bench observed
“The project, in public interest, must progress without interruption and intervention of the Court in such cases should be minimal. On this count also, no interference is called for in this PIL petition,” it added while dismissing the PIL.
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It said it was open for the government to decide within four weeks about execution of concessionaire agreement with the consortium.
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