PER : MR. R. P. DHOLARIA, J. :-

1. The present Writ Petition in the nature of Public Interest Litigation (PIL) has been filed by the petitioner seeking direction to quash and set-aside the agreement/contract executed between the Respondent No.3 and 4, by holding the same to be ultravires to Article 299 of the Constitution of India and against the provisions of the Indian Contract Act, 1872, as the above Respondent No.3 and 4, in collusion, tried to misuse the public fund for personal gain.

2. The facts leading to filing of this petition, briefly stated, are as under :-

2.1. In this Writ Petition, the petitioner has asserted that he has filed the present petition in public interest as he is a social as well as RTI activist and he is always active in safeguarding and vindicating the rights of the villagers of Mundra Taluka. Earlier, the petitioner has filed Writ Petition (PIL) Nos. 152 of 2011, 54 of 2012, 108 of 2012 and 17 of 2013 against the present respondents espousing various causes. He has also filed Writ Petition bearing Special Civil Application No.17520 of 2012 challenging the vires of the Gujarat Special Economic Zones Act, 2004.

2.2. Upon considering the proposal made by the Respondent No.4, Adani Port & Special Economic Zone Limited, Mundra, to widen the existing road connecting the Mundra Port with the National Highway-8 to ease the traffic problems, the State Government vide Notification dated 02.08.2008 decided to implement the project under Critical Infrastructure Scheme and ASIDE (Assistance to State for Infrastructure Development of Export) Scheme floated by the Union of India and also laid down certain guidelines qua the project. The said project was approved in principle under ASIDE Scheme by the Union of India vide letter dated 01.09.2008 with an estimated cost of Rs.26 crores, with cost sharing approval of 50% from ASIDE fund, 25% from Gujarat Maritime Board and 25% from Mundra Port & Special Economic Zone Limited. Thereafter, for the purpose of acquiring land, necessary Notifications under Section 4 and 6 of the Land Acquisition Act were issued on 16.12.2008 and 24.08.2009, respectively and award was declared on 21.05.2011.

2.3. An agreement was executed between the Respondent No.3-Executive Engineer, Roads & Buildings Department and Respondent No.4 to entrust the project work to Respondent No.4 as Developer and the Respondent No.3 as Supervisor. It is this agreement/contract, which the petitioner has sought to quash and set-aside in this Writ Petition in the nature of Public Interest Litigation (PIL) by holding the same ultravires the Article 299 of the Constitution of India and against the provisions of the Indian Contract Act, 1872. It is alleged by the petitioner that the agreement is executed in very informal manner without mentioning any date and it does not reflects any standard format or phrases and is non-est in the eyes of Law. It is executed against the concept of Article 299 of the Constitution of India and against the provisions of the Indian Contract Act, 1872.

2.4. Thereafter, the State Government has entered into a further agreement with the Respondent No.4 on 26.11.2013. The Respondent No.4 has been given the responsibility to maintain the road for 5 years and bear the additional expenditure over and above approved project cost in completing the project, if any.

2.5. The petitioner has, therefore, prayed for the following reliefs :-

"(A) to issue a writ of mandamus or writ in the nature of mandamus or any direction for quashing and setting-aside the Agreement/Contract (without date) executed between the Respondent Nos.3 and 4 at Annexure-O to this petition, by holding the same ultravires the Article 299 of the Constitution of India and against the provisions of the Contract Act;

(B) to hold that the Scheme known as ASIDE (Assistance to State for Infrastructure Development of Export) floated by Government of India is being misused to favour the private party and as such the act on the part