Soma Mohite Joint Ventures vs. State Of Maharashtra Thr Its Principal Secretary Water Resource And Ors
Held
The Court directed the State Government to take a decision on Resolution No. 81/30, which pertains to the increased liability of Rs. 341.84 crores for the Nira-Bheema Tunnel project, within a period of 60 days. This resolution was noted as having been approved by the highest authorities in GMIDC and the State Government. Following this decision, the representations filed by the Petitioner dated June 27, 2025, and November 18, 2025, were to be dealt with, and a reasoned order was to be passed within 45 days thereafter. The Court did not delve into the merits of the Petitioner's claim or the State's potential decision, focusing instead on ensuring a timely resolution process. The ratio decidendi is that administrative decisions, once approved by competent authorities, should be acted upon within a reasonable timeframe, and the Court can direct such action to ensure procedural fairness and timely resolution of contractual disputes.
Facts
The Petitioner, Soma Mohite Joint Venture, is a project contractor for the Nira-Bheema Tunnel, Link-5, a significant underground tunnel project. As the project neared completion (approximately 88%), the Godavari Marathwada Irrigation Development Corporation (GMIDC), Aurangabad, passed Resolution No. 81/30 in its 81st Governing Council Meeting on June 19, 2023. This resolution accepted an increased liability of Rs. 341.84 crores (excluding inflation, GST, and insurance) for the project, subject to the contractor furnishing a bond confirming acceptance of the volume and rates and waiving further claims. The Petitioner submitted representations dated June 27, 2025, and November 18, 2025, seeking a decision on this approved resolution. The State Government, Respondent No. 1, had not yet finalized the decision. The Petitioner approached the High Court seeking a directive for the State to decide on the resolution and representations.
Key Issues
1. Whether the State Government should be directed to take a decision on Resolution No. 81/30 passed by the GMIDC, Aurangabad, concerning the increased liability of Rs. 341.84 crores for the Nira-Bheema Tunnel project, and if so, within what timeframe? The Petitioner argued that Resolution No. 81/30, which was approved by the highest authorities of GMIDC and the State Government, had not been implemented. They sought a directive for the State to consider this approved resolution and their subsequent representations dated June 27, 2025, and November 18, 2025, within a specified period. The Revenue/State, through the learned Additional G.P., stated that they could not make a statement regarding the timeline for the decision and left it to the Court to decide, clarifying that the decision-making authority rested with the State Government.
AI-generated summary — verify with the full judgment below
922-WP-17484-2025-(C).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17484 OF 2025 Soma Mohite Joint Venture Thr. its constituents (i) Soma Enterprises Ltd & (ii) DM Corporation Pvt. Ltd. ...Petitioner Versus The State of Maharashtra & Anr. ...Respondents Dr. Birendra Saraf, Senior Advocate a/w Ms.Malaika Castellino, Ms.Garima Agrawal i/by Wadia Ghandy & Co. for the Petitioner. Ms.Neha Bhide, Government Pleader a/w Mr.O.A. Chandurkar, Addl. G.P., Ms.G.R. Raghuwanshi for Respondent No.1/State. Mr. Anil V. Anturkar a/w Mr.Atharva Date i/by Ms.Chaitrali Deshmukh for Respondent No.
CORAM : RAVINDRA V. GHUGE, ACJ. &
GAUTAM A. ANKHAD, J.
DATE : 3rd JULY, 2026 P.C. :-
We have considered the strenuous submissions of the learned Senior Advocates, Dr.Saraf, on behalf of the Petitioner, Mr.Anturkar, on behalf of Respondent No.2 and the learned Additional G.P., on behalf of the State. With their assistance, we have gone through the Petition paper book. SUNNY THOTE 1 of 5 SUNNY ANKUSHRAO THOTE ANKUSHRAO THOTE Date: 2026.07.04 11:25:38 +0530
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