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2008 Supreme(Bom) 457

SWATANTER KUMAR, J.P.DEVADHAR
Shree Ostwal Builders Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mr. N.H. Seerwai, senior Advocate with Mr. P.K.
Dhakephalkar, senior Advocate with Mr. T.N. Tripathi
i/b. T.N. Tripathi & Co. for petitioners.
Mr.G.W.Mattos, A.G.P. for State.
Mr.S.H.Aney, senior Advocate with Mr.A.Dasgupta i/b.
J.Narula & Associate for respondent No.7.

Judgment

1. The challenge in these two cases, is to the public tender issued by the Government on 20-5-2007 in so far as it relates to inviting tenders by invoking the ’Swiss Challenge Method’.

2. As the question raised in these two cases are common, both the cases are admitted, heard together and disposed of by this common Judgment.

3. ‘Swiss Challenge Method’ is a method invoked by the Government with a view to accelerate rapid growth of the housing sector in the State by inducting private entrepreneur through public - private partnership (PPP). In view of the resource crunch, the Government considers it prudent to enter into joint venture agreements with private parties for development of the Government lands by invoking the Swiss Challenge Method. Under this method, any person/firm/association/private developer can approach the public authorities with his innovative proposal for development of the Government lands. The said proposal is scrutinized and if found to be technically and financially viable, the proposal is accepted and thereafter public tenders are invited by invoking the Swiss Challenge Method, which means that the

























































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