Today, On 25th April, The Gujarat High Court ordered an investigation into the former Vadodara civic chief’s role in the Gujarat boat tragedy. The tragic incident involved a boat capsizing in the Narmada river, resulting in several deaths. The court’s decision comes amid growing concerns about safety standards and regulatory oversight in such operations.
Ahmedabad: The Gujarat High Court mandated a departmental investigation into the actions of the former Vadodara Municipal Commissioner related to a boating accident that occurred on January 18, resulting in the deaths of twelve students and two teachers. The tragedy happened after a boat overturned in Harni Lake.
During the proceedings of a suo motu Public Interest Litigation (PIL) concerning the incident, the bench, comprising Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee, observed preliminary indications that the former commissioner unlawfully awarded a contract for the Harni lakefront project to Kotia Projects back in 2015-16.
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The court directed the Principal Secretary of Gujarat’s Urban Development and Urban Housing Department to carry out this inquiry against the former head of the Vadodara Municipal Corporation. The investigation to be completed within a two-month timeframe.
Additionally, the High Court emphasized that the investigation should also consider the involvement and responsibilities of any other officials linked to the case.
The court noted that the standard procedures for awarding public contracts completely disregarded when the contract awarded to Kotia Project.
The High Court stated in its order,
“From the turn of events brought on record from the affidavit of the municipal commissioner, as reflected from the original record in the matter of grant of contract, it is evident the then municipal commissioner of the corporation is responsible to grant contract illegally in favour of Kotia Projects.”
This highlights the role of the former commissioner in the improper awarding of the contract.
Moreover, the court clarified,
“However, this opinion expressed by us be treated as a prima facie opinion to conduct an inquiry against the then municipal commissioner of the corporation as also other officials whosoever they may be.”
This statement highlights that the expressed views are preliminary and meant to initiate a thorough investigation into the actions of the former commissioner and potentially other involved officials.
According to the incumbency chart listed on the Vadodara Municipal Corporation (VMC) website, HS Patel served as the municipal commissioner from February 25, 2015, to June 23, 2016. Following his tenure, Dr. Vinod Rao took over the position, serving from June 24, 2016, to July 17, 2018.
The court’s order revealed a sequence of events regarding the proposal for the development of lakes and their surrounding areas through a Public-private partnership (PPP) model. Initially, on October 15, 2015, the proposal presented to the VMC’s standing committee by the then municipal commissioner, but it failed to receive approval.
Earlier, on September 23, 2015, the municipal commissioner unilaterally issued an in-principle approval for seeking Expressions of interest (EOI) for the Harni lake development under the PPP model and had proceeded to advertise this in newspapers.
The proposal subsequently brought before the VMC’s standing committee on October 1, 2015, but it deferred to a later date through a resolution. Despite this initial postponement, Kotia Projects submitted an EOI on October 5, 2015. Just a few days later, on October 8, 2015, the standing committee passed a resolution approving the proposal.
However, the approval was conditional; the proposal needed to be resubmitted after incorporating certain suggestions for final approval, as detailed in the affidavit from the VMC and outlined by the court in its order.
The court highlighted concerns about the legitimacy of Kotia Projects’ involvement in the Harni Lake project, noting that the company was established shortly after the then municipal commissioner conceptualized the project, and initially reported no financial history.
The court stated in its order,
“With this fact, we may record our strong suspicion of the manner in which the EOI was submitted by a new entity established after the project was conceived. This aspect itself requires inquiry into the manner in which the entire project was conceived by the then municipal commissioner,”
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The process saw the rejection of bids from two other entities, and subsequent calls for expressions of interest (EOI) issued on December 9 and 10, 2015, for the development of Harni Lake on a public-private partnership basis. Kotia Projects re-submitted an EOI on December 27, 2015, this time including a consultancy agreement with Prem Fisheries.
Two companies, Kotia Projects and Mangalam Construction Company, submitted proposals and were deemed qualified on January 8, 2016. However, Mangalam Construction Company later withdrew, citing financial non-viability of the project, leading to the project eventually being awarded to Kotia Projects following a standing committee resolution on September 8, 2016.
The court expressed confusion regarding Kotia Projects’ quick qualification for the project, remarking,
“With this chronology of the event, it is not understandable as to how Kotia Projects became qualified within a span of two months when it was disqualified in September, 2015.”
The High Court highlighted procedural lapses in the handling of the public contract, pointing out that the standard procedures for public contracts bypassed. This inquiry aims to uncover the depth of administrative and ethical misconduct and to ensure such oversights do not occur in the future, thus preventing further tragedies associated with poorly executed public projects.