The ACB filed an affidavit in the high court in response to a public interest litigation filed by activist Pravin Wategaonkar, alleging bias and breach of rules in the tender process.
Wategaonkar had sought direction to ACB to look into the alleged 'scam'.
The high court had last month directed the ACB to look into the case and file an affidavit.
The ACB, in its affidavit filed today, said it has already conducted preliminary inquiry into the allegations last year and has sought permission from the state government to conduct an open inquiry in the case.
"In November last year, the state Public Works Department sent a letter to the ACB along with information regarding the tendering process and toll collection decision taken by the government for Sion-Panvel highway," said the affidavit filed by Bhagwat Sonawane, Deputy Superintendent of Police, ACB.
"In December 2016, the agency sent another letter to the Additional Chief Secretary Home department reminding him about the permission to conduct open inquiry," the affidavit said, adding that a reply is awaited from the government.
A division bench headed by Justice R V More is likely to hear the petition on February 10.
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