JUDGMENT

S.V. Gangapurwala, J. - The petitioner is issued with the work order on 08.03.2017 and appointed as contractor for collection of toll at three toll location viz. (i) Toll station near village Lasur on Aurangabad-Lasur Road, State Highway No. 30 (ii) at kilometer 336/800 near Nakshatrawadi on Aurangabad-Paithan Road and (iii) at Sawangi Toll station on Aurangabad-Jalgaon Road at Km 238/700 Maharashtra State Highway No. 8. The offer of petitioner of Rs. 40,14,00,000/- for toll collection at the subjected toll stations for a period of 156 weeks was accepted. The petitioner was required to pay the respondent-Corporation performance security amounting Rs. 4,01,40,000/-. The petitioner submitted bank guarantees of Rs. 1,90,60,000/- and Rs. 2,10,80,000/- totaling to Rs. 4,01,40,000/- valid for 156 weeks.

2. It is case of the petitioner that, since the National Highway Authority had changed the scope of work of Aurangabad-Jalgaon Road, the contractor who had carried excavation on major part of the pre-existing road had left the work midway, thereby reducing the traffic intensity on Aurangabad-Jalgaon Road to 40%, so also by reasons of non-maintenance of 25 km of Lasur Vaijapur Road