मुंबई पोर्ट ट्रस्ट मधील मान्यताप्राप्त कामगार संघटनांनी सुरू केला न्यायालयीन लढा
मुंबई, दि.१९: मुंबई पोर्ट ट्रस्टच्या हॉस्पिटलचे आधुनिकीकरण करण्यासाठी काढण्यात आलेली निविदा आणि सर्व निकष बाजूला ठेवून पोर्ट ट्रस्टचे तत्कालीन अध्यक्ष संजय भाटिया यांनी अवैध मार्गाने त्यांच्या मर्जीतल्या मेसर्स अजिंक्य डी. वाय. पाटिल इन्फ्रा लिमिटेड या कंपनीला दिलेल्या कंत्राटांमधील भ्रष्टाचार सर्वप्रथम महाराष्ट्र वार्ताने गतवर्षी उघडकीस आणला. जागल्याचे काम केले. मुंबई पोर्ट ट्रस्ट च्या कामगारांना व युनियन च्या नेत्यांना जागृत केले. या नंतर मुंबई पोर्ट ट्रस्टमधील दोन मान्यताप्राप्त संघटनानी या प्रकरणी लक्ष घातले. पाठपुरावा केला आणि प्रशासन आपला कारभार सुधारत नाही हे लक्षांत घेऊन कामगारांच्या तसेच पोर्ट ट्रस्टच्या हिताकरिता ट्रान्सपोर्ट अँड डॉक वर्कर्स युनियनचे सरचिटणीस केरसी पारेख आणि मुंबई पोर्ट ट्रस्ट, डॉक अँड जनरल एम्प्लॉईज युनियनचे सरचिटणीस सुधाकर अपराज यांनी जवाहरलाल नेहरू पोर्ट ट्रस्टचे माजी कामगार विश्वस्त ऍड .जयप्रकाश सावंत यांच्या माध्यमातून मुंबई उच्च न्यायालयात नुकतीच रिट याचिका दाखल केली आहे. या याचिकेद्वारे पोर्ट ट्रस्ट अधिकार्यांची लक्तरे वेशीवर लटकवली असून सदरहू कंत्राट रद्द व्हावे, नव्याने निविदा मागविल्या जाव्यात, भ्रष्ट अधिकाऱ्यांविरुद्ध शिस्तभंगाची कारवाई व्हावी आणि कामगारांना तसेच सेवा निवृत्तांना उत्कृष्ट दर्जाच्या वैद्यकीय सुविधा मिळण्यासाठी त्वरित पावले उचलली जावीत असा आग्रह या याचिकेद्वारे करण्यात आला आहे. या दोन प्रभावी कामगार संघटनांनी या रिट याचिकेद्वारे उपस्थित केलेल्या मुद्यांचा परामर्श घेणारे वृत्त लवकरच प्रसिद्ध करण्यात येईल. या संबधीचे इंग्रजी भाषेतील वृत्त सांप्रत देत आहोत.
UNIONS DEMAND FOR INVITIING FRESH TENDERS FOR THE PROJECT
Labour Unions urge for judicial scrutiny and for fresh tenders
Mumbai, Date: 18/03/2022: Kersi Parekh, General Secretary of Transport and Dock Workers Union and Sudhakar Apraj, General Secretary of Mumbai Port Trust and General Employees Union have filed the writ petition through Advocate Jaiprakash Sawant, in the Bombay High Court praying to quash and set aside the entire tender proceedings leading to Letter of Award dated 13.08.2019 to M/s. Ajeenkya D.Y. Patil Infra Pvt. Ltd for the project of establishment of 600 bedded Super Specialty Hospital with an option to develop a Medical College and further expansion of Hospital on PPP basis contained in the Bid Document dated 15.10.2018 with a total cost of Rs. 693 Crores. According to these trade unions, there are number of illegalities and irregularities in the tender proceedings and therefore, the interest of thousands of employees and pensioners of Mumbai Port Trust in respect of availability of super specialty medical facilities would be jeopardized and the corrupt officers involved in the tender proceedings would be free from any disciplinary action if there is no judicial scrutiny in this matter.
ROLE OF ‘MAHARAHTRA VARTA’
It is important to note that it is the only ‘Maharashtra Varta’ that sensed the scam first in this project. It played the role of the whistle blower and a watch dog. It made everyone aware that the bidder is interested to grab 10 acre land of port trust at throw away price to build the hospital and college for its own gains and the top officers of port trust has been favouring the bidder for extraneous consideration and has been compromising with interest of the port and dock workers. Fortunately, the trade unions took up the issue, followed it rigorously and finally approached High Court to prevent further disastrous situation and to save port trust property. Even The MbPT Trusty Kersi Parekh putted allegations on the then chairman Sanjay Bhatia(IAS) in 693 CR Scam matter. Sanjay Bhatia is now on the seat of Uplokayukt of Maharashtra.
SALINT POINTS IN THE WRIT PETITION
It has been contended by the trade unions in the petition drafted by Adv. Jaiprakash Sawant (who happens to be ex-Labour Trustee of JNPT) and settled by the Senior Advocate J. P. Cama that:
- EXECUTIVES FAVOUR M/S. AJEENKYA D.Y. PATIL INFRA PVT. LTD.
The whole procedure adopted by the Chairman, Mumbai Port Trust and certain officers of the Shipping Ministry in the matter of Letter of Award dated 13.08.2019 issued to M/s. Ajeenkya D.Y. Patil Infra Pvt. Ltd., the Concession Agreement dated 03.10.2019 signed by the Mumbai Port Trust with M/s. Zodiac Healotronics Pvt. Ltd and further proceedings in the matter of establishment of 600 bedded Super Specialty Hospital with an option to develop a Medical College with further extension of Hospital on Pubic Private Partnership basis (hereinafter referred to as the project) is irregular and illegal as all the transactions clearly indicate that the executives have been acting arbitrarily, irrationally and malafide to favour M/s. Ajeenkya D.Y. Patil Infra Pvt. Ltd. in this matter for extraneous consideration at the cost of the public fund and disregarding the public interest for providing the standard health care services to the large number of public in general and thousands of the employees and pensioners of Port Trust and members of their families.
- DISOBEDIENCE OF HIGH COURT ORDERS :
The acts of the past and present Chairman of Mumbai Port Trust and M/s. Zodiac Healotronics Pvt. Ltd also amount to contempt of court as they have not honoured the statements made by them before the Honourable High Court on 24.07.2020 to the effect that they would strictly comply with the terms and conditions incorporated in the Concession Agreement dated 03.10.2019.
- BIDDER WAS NOT TECHNICALLY AND FINANCIALLY QUALIFIED
The decision of the Chairman, Mumbai Port Trust in considering the Padmashree Dr. D.Y. Patil Vidyapeeth (Deemed to be University) as the ‘Associate’ of M/s. Ajeenkya D.Y. Patil Infra Pvt. Ltd. to qualify it for the project work technically and financially was contrary to the tender conditions and the provisions of law. The only bidder, M/s. Ajeenkya D.Y. Patil Infra Pvt. Ltd was not qualified for the tender work technically as well as financially.
- NON-FULFILLMENT OF CONDITIONS PRECEDENT
The Chairman of MbPT and other executives of the Shipping Ministry have been attempting to allow M/s. Zodiac Healotronics Pvt. Ltd, the Concessionaire to take over the operation of the project though the conditions precedent have not been fulfilled by the Concessionaire.
- INCAPACITY OF THE CONCESSIONAIRE
The Concessionaire or Special Project Vehicle (SPV) responsible for the conduct of the Project is not at all capable to undertake the entire project of Rs. 693 Crores. The Selected Bidder is not holding the shares in this SPV.
- UNLAWFUL WAIVER OF THE CONDITIONS
The Concessionaire failed and ignored to follow the terms and conditions of the Concession Agreement, especially the conditions precedent stipulated in the said Agreement. The Chairman and a few executives of the Ministry ignored the breaches committed by the said Concessionaire and instead favoured the said Concessionaire by unauthorizedly waiving the conditions precedent and replacing the conditions stipulated in the RFP Bid Document, letter of Award as well as in the Concession Agreement to the disadvantage of Port Trust.
- NO PERFORMANCE SECURITY ON TIME
The Concessionaire was required to provide Performance Security of Rs. 34, 65,000/- within 60 days of the execution date i.e. on or before 03.10.2019 as contemplated under Clause 9.1.1 of the Concession Agreement. The performance security was given on 05.02.2020 i.e. after delay of 67 days. The Clause 9.1.2 provides that if a performance security is not furnished within the specific period, the Authority shall have right to encash the bid security and appropriate the proceeds thereof as damages. However, the Chairman did not encash the bid security.
- NO ENVIRONMENTAL CLEARANCE
There is no environment clearance and also clearance from other medical and Municipal authorities as required for the commencement of the project.
- NO FINANCIAL CLOSE
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The Concessionaire has not submitted full proof documents duly certified by the Senior Lender, i.e. Abhyudaya Cooperative Bank Limited to achieve the Financial Close for entire amount of the project. The Chairman however has been attempting to wave the conditions which cannot be done at all on and after the opening the tender. The financial model given by the Bank does not confirm to the requirements and the financing package does not cover the total capital cost of the Project.
- NO PAYMENT OF DAMAGES BY THE CONCESSIONAIRE
No damages have been paid by the Concessionaire and no damages have been recovered by the Mumbai Port Trust for non-fulfillments of Conditions Precedent set forth in the agreement. The agreement was liable for the termination in the very beginning. However, it has been kept alive for the last about four years with an intention to hand over any how the port trust’s 10 acres land to the concessionaire at throw away price and allow it to operate the hospital and medical college for its own gains.
- DEVIATION IN THE TERMS AND CONDITIONS
The Chairman, the past and the present, of MbPT instead of ensuring the strict compliance with the terms and conditions incorporated in the Concession Agreement dated 03.10.2019, took an initiative to cause deviation in the terms and conditions incorporated in the Concession Agreement dated 03.10.2019 resorting to corrupt practices.
- NECESSITY TO INVITE FRESH TENDERS
Had such major deviations in the RFP Bid Document not been accepted and had the MbPT invited fresh tender, many other institutions/companies would have responded and participated in the tender proceedings for the project work in question. The changes so made necessitate the issuance of the RFP Bid document afresh so that other players in the industry would participate and there would be competitive bids.
- PADMASHREE DR. D.Y. PATIL DEEMED TO BE UNIVERSITY CANNOT BE ‘ASSOCOATE’:
PADMASHREE DR. D.Y. PATIL DEEMED TO BE UNIVERSITY which is registered under the Societies Registration Act, 1860 and Maharashtra Public Trust Act, 1950, established as Deemed University under Section 3 of the University Grants Commission Act, 1956 and governed under the UGC ( Institution Deemed to be Universities), Regulations, 2010 and the orders issued by the Commission from time to time for the functioning of this Deemed University cannot be an “Associate” of the private company in any commercial affairs and its financial statements including the Balance Sheets cannot be used by the said private party to qualify itself for grant of Letter of Award dated 13.08.2019 for the project work. Neither the Chairman, UGC nor the Ministry of Education, acted swiftly in the matter so far and Its inaction amounts to support to the wrong deeds.
- BOGIE OF GRAND PORT HOSPITAL FOR ILL GAINS.
The Concessioner in connivance with the Chairman, MbPT displayed prominently the sign-board of ‘Grand Port Hospital’ in place of ‘Port Trust Hospital’ at the top of the building of Mumbai Port Hospital and propagated that Grand Port Hospital, which is not at all in existence, is its unit. It designed the website as www.grandporthospital.in showing and stating therein the names of Doctors and Consultants of Mumbai Port Trust as the Doctors and Consultants of the said Grand Port Hospital. There was also news in the media that Dr. Ajeenkya D. Y. Patil Group has awarded an approximate USD 100 million construction contract to Ashoka Buildcon Ltd. for developing Mumbai’s Grand Port Hospital into a 600-bed super-specialty hospital and medical college with residential quarters of the Concessionaire. The Concessionaire misrepresented before the Rotary Clubs, Charitable institutions and others that it has been running ‘Zodiac Healotronics, Grand Port Hospital’ in Mumbai which is not at all existence and did financial transactions with these institutions to gain wrongfully.
- UNAUTHORISED COLLECTION OF FEES FROM STUDENTS:
The Concessionaire collected the fees and other charges from the 20 CPS students (the students sent by College of Physicians and Surgeons, Mumbai for undergoing CPS-PG courses) on the basis of non-existing Grant Port Hospital. Paropkar Trust was to open the Emergency Medical Care Centre at non-existing Grand Port Hospital.
- PRIVATE PARTY TO SUBMIT REPORT AS PER ORDER
The Ministry of Shipping by its letter dated 29.09.2021 advised examination by the third party of capacity of arranging the equity by the Concessionaire for the project. The Chairman appointed a private party to submit its report. The said report of the third party is made and modified in favour of the Concessionaire for irrelevant consideration, ignoring the illegalities and irregularities brought to the notice of the Port Trust, now Port Authority and the Ministry.
- VIOLATION OF TENDER AND CONTRACT PRINCIPLES
The cardinal principle in the tender and contract procedures that the resources and experience of another entity cannot be taken into account in determining the bidder’s compliance with the qualifying criteria has been grossly violated by the Authority and the Ministry.
- ESCROW AGREEMENT NOT IN ORDER
Escrow Agreement and substitution agreements are not in original format as per the Concession Agreement.
- NO REGISTRATION OF LAND LEASE AGREEMENT
The Concessionaire failed to complete the registration of land lease formalities after payment of stamp duty within the prescribed period.
- NO APPROVAL LETTER FOR TOTAL PROJECT COST
The Concessionaire failed to submit the letter of Senior Lender regarding approval of Total Project Cost, Financial Model and Financial Packages.
- SPV COMPANY WITHOUT ROLE OF MbPT
Parent Company i.e. M/s Ajeenkya D. Y. Patil Infra Pvt. Ltd. failed to infuse equity component in the SPV for execution of the total project in the phased manner. The SPV is not being managed and governed by the Board of Directors headed by the Chairman nominated by the MbPT as provided under Clause 5 of the Concession Agreement dated 03.10.2022.
The Writ Petition filed by the trade unions will be listed for hearing before the Division Bench of Bombay High Court headed by Justice G. S. Patel on 23rd March, 2022. The misdeeds of the officers involved in this proposed project work have been unearthed. According to Adv. Jaiprakash Sawant, the provisions of Article 14, 21, 226 and 298 of the Constitution of India are squarely applicable in the present case warranting directions from the Honourable High Court to Port Trust and the Ministry to cancel the present long-drawn and defective tender proceedings and to invite fresh tenders for upgradation of Port Trust Hospital to save port trust from further losses. He also expressed the need for dealing with the erring officers with iron hands in the interest of clean governance. Maharashtra Varta Team has been watching the situation very closely and would endeavor to assist for exposing this multi crore Scam of the executives in the interest of society at large.