The High Court of Bombay at Goa observed that it was certain “that the government would fix liability” on government officials for bypassing the tendering process for awarding work order for structural repair and renovation of Kala Academy – the state’s premier art and culture centre.
Durgadas Kamat, general secretary of Goa Forward Party had filed a petition seeking an inquiry with respect to award of work by the government for repair and renovation of Kala Academy to a Mumbai-based contractor without following a tender process.
The petition alleged that the work was allotted to the contractor by issuing a work order in May 2021 by merely seeking willingness to execute the work for Rs 39.63 crore and by circumventing the normal procedure of floating a tender and calling for wider participation amongst the bidders.
The petitioner sought appointment of an independent expert agency to inquire and examine the quality and nature of work executed by the contractor.
The court said it is “more concerned” with the accomplishment of renovation work allotted to the contractor. “…if the work as alleged by the petitioner is shabby or defective, then if, as per the work order allotted for a huge and slumping sum of Rs 39. 63 crore, we expect the state government to be vigilant in ensuring that if the work is shoddy or defective and it falls within the defect liability clause, if any…then the structure must be accordingly repaired/renovated as per the scope of the work order,” a Division Bench of Justices Bharati Dangre and Ashish S Chavan said in an order on September 8.
Refusing to dispose of the petition, the court said, “We are sure that, as far as the first aspect is concerned, 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…”
Advocate General Devidas Pangam informed the court that a three-member committee was constituted in January 2023 to evaluate the entire process in respect of award of works of renovation of Kala Academy.
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The committee submitted its report to the Directorate of Vigilance in February 2025 and thereafter a further inquiry is being conducted where relevant records of the Public Works Department (PWD), Directorate of Art and Culture and Kala Academy are under scrutiny. After the inquiry is completed, the report would be submitted to the government.
The Advocate General also placed before the court an affidavit filed by executive engineer, works division V, PWD, which stated that the government has constituted a task force committee comprising 13 members, including artists and representatives of the government departments to review the status of work and to suggest recommendations for improvement and upgradation of Kala Academy.
The project proponent told the court that it needs more time to place on record the steps taken to ensure that the work is carried out strictly as per the work order, which included structural repairs and renovation works, including waterproofing, electrical work etc.
“We also expect the compliance to be forwarded to the executive engineer so that we can also have before us the stand of the government as regards the defects that are pointed out and the manner in which the task can be accomplished strictly in terms of work order,” the court said.
