PIL Format - High Court.

Format of Writ Petition for Public Interest Litigation in High Court.

SYNOPSIS AND LIST OF DATES

This Writ Petition has been filed in public interest on account of loss of national exchequer over thousands of Crore Rupees due to the inefficiency in contract design, process of awarding contract and inefficient use of power to control fraudulent acts of ____________________ Ltd in case of ____________________awarded in 19_____. A concession agreement was signed between ____________________and ____________________ granting the right of building and operating the ____________________. Under the concession agreement, ____________________ has been given the right to commercially exploit the ____________________ toll bridge by levying tolls. The concession agreement provides that the concession shall last until the concessionaire has recovered the total project cost plus a return, which is 20% per annum of the total project cost. At the end of the concession period all of the ____________________ interest in the ____________________ toll bridge is to be transferred back to ____________________ for the nominal sum of Rs. 1.
The flyway was completed in 20_____ and the cost of construction was ____ Crore. The Project cost recoverable has been revised by the company from Rs. _____ Crore in 20_____ to Rs. _____ Crore in 20_____. This represents a jump of 398% in _____ years. The directors of the company believe that the toll will be collected at least for the next _____ years, which will cause loss of huge amount of public money and _____ will get benefited from it. If recoverable project cost is increased is increased by the company at the same rate, even for the next _____ years as envisaged in the construction Agreement, the company would end up estimating its recoverable project cost at Rs. _____ crore in 20_____. The rate of return is _____% on its original investment.
Fixed assets schedule of the Balance Sheet as on _____20_____ of ______ shows the value of intangible assets calculated from the rights under concession agreement an amount of Rs. _____Croes. This clearly shows that the claim of Project cost of Rs. _____ Core recoverable in the Directors Report of the company as on same date is an exaggerated figure to misguide the government authorities and the public and extend the concession agreement period a period upto _____years with a motive to cheat the public and collect money in illegal means.
The Balance sheets of __________ shows that the company has given huge amount of O & M Fee to _______________, a Company controlled by ______. Balance Sheet of ___________ for Financial Year 20_____-_____ and 20_____-_____shows that the company has paid ____ Fee of Rs. _____Crore and Rs. _____Crore to __________ for this two years.
The company has spent huge amount during last few years in the name of managerial remuneration. Amount paid for the period from Financial Year 20_____-_____ to 20_____-_____ to its key managerial personal is Rs. _____Crore and Managers is Rs. _____Crores.
The Balance Sheet of _________________ in different years shows that the company has spent huge amount in the name of litigation expenses. E.g. balance sheet as on _____20_____ shows an amount litigation provision of Rs. _____, which is a huge amount according to the size of the company. The mount could also have also been converted to the accumulated project cost.
________ has _____ acres of surplus land i.e_____acres in Delhi and _____ acres in ____ which is in addition to the land on which toll bridge is built. The land was given to ____________ at a nominal rent of Rs. 1 per year. However ___________ formed a subsidiary by the name of ____________ and transferred around __ acres of the land to it for a consideration of _____crore in 20_____. Even though the amount received by the __________ should have been reduced from the recoverable project cost, the figures for the project cost were actually increased from _____ Crore in 20_____ to _____ Crover in _____ _____20_____. Apart from that _____ seems to have given the land on a platter to __________. Moreover a private realty consultant employed by the company estimated that the development value of the land was more than US$ 82 Million.
The purpose of this Writ Petition is to determine as to the gains made by the parties involved in the scam could be determined and take necessary to steps to prevent them from extending the concession period beyond _____ years and to end the concession agreement before _____ years by evaluating the market value of surplus land and adjust it with the Project Cost.
Besides the aforementioned challenges, the Petitioner is also raising the issue of illegalities and misappropriation of funds by __________ by awarding contracts to interested parties, including all kinds of expenses into the project cost and therefore, also seeking an independent inquiry into the financial transactions, accounting, project construction and operation.
_____19_____ ___________, __________ and the Delhi Administration signed a memorandum of understanding for the construction and operation of the ______________. The MoU recognised __________ as the developer of the Project. Pursuant to the Memorandum of Understanding, a steering committee consisting of representatives of the Government of Uttar Pradesh, the Delhi Government, the Ministry of Urban Affairs and employment, the Government of India, the Delhi Development Authority, __________ and __________ was established for monitoring the project and taking decision relating to the development of the __________.
_____19_____ The __________ (__________) was incorporated, pursuant to the decision of the screening committee, for the purposes of developing, establishing, designing, constructing, operating and manufacturing the __________.

_____19_____ A concession agreement was entered into by __________, __________ and __________ granting the right of building and operating the __________ to __________. Under the concession agreement, __________ has been given the right to commercially exploit the __________ by levying tolls. The concession agreement provides that the concession shall last until the concessionaire has recovered the total project cost plus a return, which is 20% per annum of the total project cost. At the end of the concession period all of the __________�s interest in the __________ is to bne transferred back to __________ for the nominal sum of Rs. 1.
_____19_____ Apart from the concession agreement two other key agreements relate to the __________ project (1) The Government of Uttar Pradesh and the Government of Delhi entered into a support agreement and extended cooperation to ________ and the concessionaire company with respect to the implementation of the Project. The support agreement is intended to remain in force for the same period as the concession agreement
_____19_____ __________ has been received _____ acres of land of the Delhi side of the __________ by sub lease. _____acres of land at __________ side of _________ has been received by __________ from __________ on sub lease.
_____19_____ Intertoll Netherland sand __________ entered into an operation and maintenance (O & M) agreement for operation, maintenance, and management of the Delhi __________ bridge and associated facilities and to charge and collect fees from the users of the bridge and facilities. Intertoll assigned the O & M contract to tils Indian subsidiary, Intertoll India, in 20_____.
.20_____ Hence, the instant writ petition.

IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL ORIGINAL JURISDICTION)
WRIT PETITION (CIVIL) NO. _____ OF 20_____

IN THE MATTER OF:
______________________ ...PETITIONER
VERSUS
______________________ ...RESPONDENTS

[A WRIT PETITION IN PUBLIC INTEREST UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA CHALLENGING THE VALIDITY OF THE CONCESSION AGREEMENT BETWEEN ______________________ AND ______________________AND ALSO RAISING THE ISSUE OF IRREGULARITIES AND VIOLATION OF RULES IN THE ESTIMATION OF PROJECT COST, TRANSFERRING FUND THROUGH SUBSIDIARIES AND APPOINTMENT/ RECRUITMENT PROCESS FOR THE POSTS OF DIRECTOR AND OTHER STAFF WITH HUGE SALARY PACKAGE]
TO,
THE HON�BLE CHIEF JUSTICE OF DELHI AND HIS COMPANION JUDGES OF THE HIGH COURT OF DELHI, AT DELHI
The Humble Petition of
the Petitioner above named
Most respectfully showeth:
1. That the petitioner is filing the instant writ petition in public interest. The petitioner has no personal interest in the litigation and the petition is not guided by self-gain or for gain of any other person/institution/body and that there is no motive other than of public interest in filing the writ petition.
2. That the present writ petition is being filed in public interest under Article _____of the Constitution of India. The Petitioner by way of the present writ petition is challenging the claim of outstanding project cost amounting to Rs. _____crore claimed by __________ as on _____20_____, its intention / proposal to extend the period of the concession agreement between __________, __________ and Delhi Government beyond _____ years till _____ years and also raising the issue of irregularities and violation of rules in the estimation of project cost, transferring fund through subsidiaries and appointment/ recruitment process for the posts of director and other staff with huge salary package.
3. Besides the aforementioned challenge, the Petitioner is also raising the issue of illegalities and violation of Rules in the accounting and auditing method of __________ and method of calculation of project cost and outstanding recovery amount by independent auditor. The Petitioner is giving few illustrative cases of such calculation of project cost made since 20_____ and therefore, also seeking an independent inquiry into the entire accounting process and the amount of project cost calculated from 20_____ onwards in the case _____.
2. That the petitioner ____ is a registered society (No.S-_____). It is a non-profit body. The petitioner society is a public interest organization which has been in the vanguard of the campaign for public probity in public life and integrity in institution.
The Petitioner has no personal interest, or private/oblique motive in filling the instant petition. There is no civil, criminal, revenue or any litigation involving the petitioner which has or could have a legal nexus with the issues involved in the PIL. It is in public interest that there are rules and accounting methods for making contracts and calculating outstanding project cost and all contracts and financial transactions are made as per the Rules.
The petitioner society has not made any representation to the authorities owing to the urgency of the issue and also because a study by the planning commission has highlighted the various irregularities in designing the concession agreement between __________ and Delhi Government and awarding the contract. Various articles in the media have also highlighted the issue of mis-management and irregularities in the same issue but, no action has been taken so far so far. Therefore, the Petitioner is directly approaching this Hon�ble Court for seeking the aforesaid relief.
Respondent No. 1 is a necessary party in the present case since the Respondent vested with unguided power to use of public money and the ill designed contracts and uncontrolled companies are fraudulently misusing the public money by way of various irregularities due to not following the best practice of contract design and awarding contract.
3. That most of the documents annexed with the present writ petition are in public domain, some of them have been obtained under the RTI Act.

Brief Facts of the Case:
MOU for Construction & operation of __________ and Concession Agreement
4. __________, __________ and the Delhi Administration signed a memorandum of understanding for the construction and operation of the __________ on _____19_____. The MoU recognised __________ as the developer of the Project. Pursuant to the Memorandum of Understanding, a steering committee consisting of representatives of the Government of ___________, the ________ Government, the Ministry of _______ Affairs and employment, the Government of India, the ______________ Authority, __________ and __________ was established for monitoring the project and taking decision relating to the development of the __________.
5. On _____19_____ The __________ (__________) was incorporated, pursuant to the decision of the screening committee, for the purposes of developing, establishing, designing, constructing, operating and manufacturing the __________.
6. A concession agreement was entered into by __________, __________ and __________ granting the right of building and operating the __________ to __________ on _____19_____. Under the concession agreement, __________ has been given the right to commercially exploit the __________ by levying tolls. The concession agreement provides that the concession shall last until the concessionaire has recovered the total project cost plus a return, which is 20% per annum of the total project cost. The return on the total cost of the project is guaranteed in that the contract provides that the concession period will extend by __- in two year increments beyond _____ years initial concession period. As per the agreement the concession period shall commence on the effective date and shall extend until the earlier of: (i) a period of _____ years from the effective date; or (ii) the date on which the concessionaire shall cover the Total Cost of Project and the return as determined by the Independent Engineer and Independent Auditor in accordance with Section 14 thereon through (a) the demand, collection, retention and appropriation of fee, (b) the receipt, retention and appropriation of Development Income, or (c) any other method as determined by the parties. In the event that the Concessionaire has not recovered the Total Cost of Project and the return thereon the date of 30 years from Effective Date, the concession Period shall, without qualification, be extended by __________ for a period of two years at a time until the Total Cost of Project and the return thereon have been recovered by the Concessionaire; provided, however, that the Concessionaire shall not be precluded from terminating this agreement in accordance with Article 19. At the end of the concession period all of the __________�s interest in the __________ is to be transferred back to __________ for the nominal sum of Rs. 1
7. Apart from the concession agreement two other key agreements relate to the __________ project (1) The Government of Uttar Pradesh and the Government of Delhi entered into a support agreement and extended cooperation to __________ and the concessionaire company with respect to the implementation of the Project. The support agreement is intended to remain in force for the same period as the concession agreement.
8. The land required for __________ has been leased/subleased to the Company from __________. The Lease agreements, namely the Delhi Land Lease Deed, the Delhi Lands Sub-Lease Deed, and the __________ Lease Deed were signed on _____19_____. In addition, the Company entered into Ashram Flyover Site Lease Deed on _____st _____19_____with the Government of Delhi.
__ Acres of surplus land owned by __________ and its Market Value which should be adjusted against project cost.
9. The document published by the _____ for placing of _____GDRs each representing 5 Ordinary Shares of 10 each reads as follows:
�In addition to the land required for the construction of the _____, the Company has approximately 99 acres of land which is currently not required for the operation of the __________. This surplus land consisting of (a) _____ Acres of land on the Delhi side of the _____ (leased to the company pursuant to a sub-lease from __________ dated _____19_____) and (b) _____acres of land on the __________ side of the __________ (leased to the Company pursuant to a lease from __________ dated _____19_____). _____ estimated (in 20_____ and 20_____) that 99 acres of land could potentially be developed and estimated the potential value of such land at US$82 Million if it were developed.� The document is placed as (Annexure P1).
In Financial Year ended _____20_____, the Company revalued _____acres of land on the __________ side of the __________. In accordance with the valuation, the net book value of the Revalued Land was increased to approximately US$ 30 Million (Rs. _____ Million). The market value of the land has been increased now and the amount of value should be adjusted against the outstanding project cost so that the period for recovery of project cost will come down.
Original Project Cost, Outstanding project cost in different dates and huge amount of managerial remuneration and expenses included as per the Balance Sheet
10. The Bridge came into operation and opened to traffic in 20_____. The project cost was Rs. _____Crore. _____ Year BOOT concessions, which was financed through equity of Rs. _____Core and Debt of Rs. _____Crore. Debt financing consisted of term loans from various Indian Banks and Financial Institutions totaling Rs. _____Crore and issue of Deep Discount Bonds totaling Rs. _____ Crore by the __________ (the concessionaire)
11. The figures for the project cost was actually increased from Rs. _____ crore in _____04 to Rs. _____ crore in _____20_____. The accrued return (inclusive of Project Cost) due to the concessionaire was Rs. _____Crores, an amount more than double the original project cost.
12. The Balance Sheet of __________ as on _____20_____shows that the company has paid huge managerial remuneration during the year. Salary of Managerial personal has been mentioned as Rs. _____lacs to _____, Rs. _____Lacs to Ms. _____ (Sr. VP), Rs. _____Lacs to Mr. _____ (Sr. VP & CFO), Rs. _____to Mr. _____ (AVP), Rs. _____Lacs to Ms. _____ (Sr. Manager) and Rs. _____lacs to Mr. _____ (Sr. _____).
13. Managerial Remuneration paid by the company for the period from Financial Year 20_____-_____ to 20_____-_____to Key Managerial personals is Rs. _____Crores and Managers to Rs_____Crores. Year wise payment details is placed as (Annexure P_).
All these amounts are added to the project cost and the outstanding project cost is being increased every year due to this kind of expenses.
Sudden increase in Project Cost by Rs. _____Crore in _____20_____ which includes the cost of land transferred from erstwhile subsidiary M/s. _____ and capitalisation of Mayurvihar Link Road
14. Balance Sheet of __________ as on _____20_____ shows an increase of its Fixed Assets Delhi __________ Link Bridge by Rs. _____Crores. As per the note given in page _____ of the Annual Report of the company it is mentioned that �the company had filed scheme of amalgamation with its 100% subsidiary __________ in the Hon�ble High Court of Allahabad and Delhi which has been approved on _____20_____and _____20_____by respective courts. Effective date of amalgamation is on _____.20_____and the equalisation receivable of Rs. _____crores has been credited to General Reserve. Accumulated losses of Rs. _____crore has been adjusted against general reserve.
Transfer of Fixed Assets �Delhi __________ Link Bridge� bridge to Intangible Assets in Financial Year 20_____-20_____
15. Fixed Assets schedule in the Balance Sheet of __________ as on _____20_____ shows that an amount of Rs. _____Crores has been shown as Addition/Adjustment in Intangible Assets. Net amount after depreciation and adjustment is shown as Rs. _____Crores. Previously this amount has been shown under the head �Delhi __________ Link Bridge� and the balance amount under this head was Rs. _____Crore in _____ 20_____.
Shocking figures in the Balance Sheet of __________ as on _____20_____, in contrary to the claim of _____Crore as outstanding Project Cost.
13. Balance Sheet of __________ as on _____20_____shows a more shocking picture. The project cost recoverable by the company has been revised by the company from Rs. _____ Crore in 20_____ to Rs. _____ Crore in 20_____. This represents a jump of 398% in _____ years. If the recoverable project cost is increased by the company at the same rate even for the next _____ years as envisaged in the concession agreement, the company would end up estimating its recoverable project cost at Rs. _____crores in 20_____.
14. The Balance Sheet also states that the company has repaid loans amounting to Rs. _____ Crores during the year. The balance loan amount of Rs. _____crore and Deep Discount bond amounting to Rs. _____ crore will be repaid in accordance with the scheduled repayment terms between Financial Year 20_____-_____ and 20_____-_____.
15. That no other Writ Petition has been filed by the Petitioner in this Hon�ble Court or in any other Court of the country raising the same issue. The Petitioner does not have any alternative equally efficacious remedy than to approach this Hon�ble Court.
The present Writ Petition is being filed on the following among other grounds:
GROUNDS
A. Because of not following the good practice in both contract design and process of awarding contracts, the concession agreement dated _____, 19_____ between _____ and _____, the contract does not give the Authority a role in assessing the reasonableness of Capital and Operational Cost reported by the concessionaire. It also provides for guaranteed annual return of 20% on total project cost, and not on equity alone.
B. Because of not exercising power for appointing independent auditor to audit the financial data and project cost of __________, the outstanding project cost has been estimated as Rs. _____ Crores as on _____ with out considering the value of intangible assets against outstanding project cost shown in the balance sheet of the company amounting to Rs. _____
C. Because the amount of profit after taxation earned by __________ for the period from Financial Year 20_____-_____ to 20_____-_____ of Rs. _____ crores has not been considered for calculation of outstanding project cost, the amount calculated is incorrect and intended to make undue profit by misusing the concession agreement.
D. Because the market value of _____ acres of unused land is in the custody of __________ has not been calculated and not deducted from the outstanding project cost, the amount represents a wrong figure.
E. Because of the wrong calculation of outstanding project cost, __________ estimates to continue the concession agreement for a period of _____ years, even though the original agreement will expire after _____years.
F. Because not conducting any enquiry and not using controlling power by the Government, huge expenses has been shown as managerial remuneration and other expenses, which are also charged to project cost, the amount increased to a huge liability.
G. Because no control has been exercised by any authority, __________ has been diverted its fund through its subsidiaries and sister concerns, which also result in increase in the project cost.
H. Because of no study has been conducted and no control measures has been taken, __________ has been enjoying full freedom to manipulate accounts and appoint independent auditors to present exaggerated figures against outstanding project cost, which will result in extension of contract period of service agreement and undue financial benefit to __________ and its sister and related concerns. This will also cause huge financial loss to the national exchequer.

It is, therefore, respectfully prayed that this Hon�ble Court may be pleased to issue a writ or any appropriate order or directions to:
PRAYERS
(a) Issue a writ of mandamus or any other similar writ or direction to conduct enquiry into the affairs of _____ and declare the concession agreement as unconstitutional and void;
(b) Issue a writ of mandamus or any other writ or direction to calculate accurate amount of project cost by considering the amount of profit earned by __________ and market value of _____ acres of surplus land owned by __________ and to reduce the period of agreement accordingly;
(c) Issue a writ of mandamus or any other writ or direction to have an independent inquiry conducted into all the transaction with sister concerns and group companies of __________ since first financial year;
(d) Issue a writ of mandamus or any other writ or direction to the Respondents to conduct enquiry and ascertain the amount of managerial remuneration paid and expenses debited to the project cost by way of different exaggerated expense heads; and
(e) Pass any other or further order/s as this Hon�ble Court may deem fit and proper in the facts and circumstances of the case.
PETITIONER

Dated: