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NEW DELHI: To check the trend of highway contractors and consultants quickly getting a court stay on debarment and blacklisting orders issued by authorities for defaults, the government is working on a two-pronged strategy: studying the pattern through which such legal relief is secured and largely eliminating the scope of debarment, which can be challenged in courts.The road transport ministry has proposed changes in the contract conditions under which a contractor will be ineligible to bid for national highway (NH) projects after a recorded “major or catastrophic failure” in any ongoing project for two years. This would make it difficult for errant contractors to legally challenge such restrictions.TOI has learnt that the issue of contractors and consultants getting quick relief from courts was flagged at a high-level meeting held recently to review the highway sector. Highway agencies have debarred or suspended over 60 contractors and consultancy firms in the past two years and have imposed penalties of over Rs 307 crore.“It was felt that a detailed assessment should be carried out to detect if there is any pattern behind contractors and consultants getting immediate relief,” said an official.On the introduction of “major or catastrophic incident” conditions in contracts, another official said that these will include collapse of bridge, viaduct, elevated stretch and reinforced wall, and severe road damage. “Once you ban a contractor or consultant, they can approach a court for relief. It also impacts their business as they don’t get any work across departments and states. So, our eligibility condition linked to major incidents will impact contractors in getting NH projects and such players will have hardly any scope to challenge it,” said an official.He added that since debarments hit companies hard, jeopardising their business, contractors and consultants try to get relief one way or the other.
