The consortium contracted to build the East West Link has taken the Victorian government to court, demanding it sign off on a construction plan to build the $6.8 billion toll road.

The demand - the clearest sign yet that the consortium is fighting hard to maximise its payout from Victoria - comes despite the Andrews government's pledge not to build the road. Money would flow from signing off on the construction plan.

Victorian Premier Daniel Andrews.

In response to the court action, acting planning minister Robin Scott has told East West Connect that, under the terms of a secret contract signed by the Napthine government, the consortium has already been instructed to stop work on the project.

In a case to go before the Victorian Civil and Administrative Tribunal later this month, East West Connect has demanded Mr Scott explain why the construction plan for the project has not been approved.