Authority: High Court of Judicature at Bombay

Order Date: 14 October 2026

Case Overview

  • Parties: Konkan Irrigation Development Corporation And Anr (respondent No.1 & 2, also applicant in IA/7877/2026) vs. F.A. Enterprises (petitioner in WP/1759/2017).
  • Application: Interim Application No. 7877 of 2026 filed to vacate the ad‑interim order dated 7 December 2016 that prohibited allocation of the Kalu Dam Project contracts to any party other than the petitioner.
  • Background: The writ petition (WP/1759/2017) was filed by F.A. Enterprises after a notice rescinded its contract. On 7 Dec 2016, a Division Bench directed that the contracts not be allotted to any other party. The order remained in force for almost ten years, stalling construction of the Kalu Dam.
  • Related precedent: Order dated 8 June 2021 in Writ Petition No. 1755 of 2017 (M/s. F. A. Construction Engineers & Contractors v. Konkan Irrigation Development Corporation) directed KIDC to execute the irrigation projects either through the original petitioner or an interested party, following due process.
  • Counsel: Adv. Shilpa Kapil (petitioner), Senior Counsel Rajiv Chavan (applicant), Additional Government Pleader O.A. Chandurkar (State), Superintendent Engineer Sandeep Nalawade (KIDC), among others.
  • Issues discussed: Whether the interim order should continue, the stand taken by KIDC in earlier applications, ACB enquiry findings, forest clearance responsibilities, and the need to restart the project in public interest.
  • Procedural notes: The court listed the matter for further consideration on 10 February 2026, directed respondent No.3 (State) to file an affidavit within three weeks, and noted that KIDC would engage an advocate for respondents No.1 and 2.

Final Outcome

  • The court allowed the interim application, vacating the ad‑interim order dated 7 December 2016.
  • KIDC is at liberty to float a fresh tender for the Kalu Dam works, permitting participation of the original petitioner and any other interested parties on the same rates, terms and conditions.
  • The application is disposed of, and the matter remains open for any further issues that may require a hearing of the original writ petition.

Topics: Court Order, Infrastructure Project