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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
K.K. Tated, R.I. Chagla, JJ.
Shri Swami Samarth Engineers Ltd. - Appellant
Versus
State Of Maharashtra & Ors. - Respondents
Writ Petition (St.) No. 92861 of 2020
Decided On : 15-03-2021
Tender Process - Hydro Electric Project - [COMPANY] challenges tender process for Hydro Electric projects in Maharashtra. Petitioner claims technical error prevented bid submission. Respondents reject extension request. Court analyzes tender clauses, technical issues, and public interest. Court dismisses petition.
Fact of the Case:
The Petitioner, a company incorporated under the Companies Act, challenged the tender process for Hydro Electric projects in Maharashtra. The Petitioner claimed that a technical error prevented the submission of its bid and requested an extension, which was rejected by the Respondents.
Finding of the Court:
The Court found that the Petitioner failed to submit its bid before the extended deadline, and the technical error did not justify a second opportunity. The Court also noted that further extension would delay the implementation of the public project.
Issues: The issues involved technical error in bid submission, rejection of extension request, and the public interest in project implementation.
Ratio Decidendi: The Court held that the Petitioner's failure to submit the bid before the extended deadline did not justify a second opportunity. Further extension would delay the public project, and the technical error did not warrant interference in the tender process.
Final Decision: The Court dismissed the Petition, finding no merit in the Petitioner's claims and noting the public interest in project implementation.
JUDGMENT
R.I. Chagla, J. - By this Petition under Article 226 of the Constitution of India, the Petitioner challenges the tender process by which the Respondents invited online bid / tender in respect of Hydro Electric project for Gadnadi Hydro Electric Project, Taluka Sangameshwar, District Ratnagiri (1x1.8 MW) and Uttarmad Hydro Electric Project, Taluka Patan, District Satara(1x0.4 MW). This Petition further challenges letter dated 14.08.2020 issued by Respondent No.2 rejecting the Petitioner's request for extension of time for online bid submission for Gadnadi Hydro Electric Project. A further directions is sought against Respondents for grant of extension of time to submit the Petitioner's online bid and for acceptance of the same.
2. The Petitioner is a Company incorporated under the provisions of Companies Act, 1956 having its registered office at 773/3, Pradyumn Apartments, Lane No.9, Bhandarkar Road, Pune 411 004. The Petitioner is in the business of undertaking national highway road project, irrigation project, hydro-power project and several other undertakings of the government and has completed several projects successfully. The Petitioner claims to have more than 25 years in this business. The Petitioner also claims to be registered with Respondent No.1 as a contractor and has completed several major projects as well as commissioning 1.2 MW hydro-power project which has been successfully running for the last five years.
3. Respondent No.1 is the State of Maharashtra. Respondent No.2 is the Executive Engineer, Hydro Electric and Lift Irrigation, Kolhapur. Whereas Respondent No.3 is the Chief Engineer (Electrical) Hydro Projects, Water Resources Department, Government of Maharashtra, and Respondent No.4 is the Secretary (CAD), Water Resources Department, Government of Maharashtra. Respondent No.5 is one of the bidders who had successfully submitted its bid prior to the last extended date and time i.e. 06.08.2020 till 5.00 p.m.
4. Respondent Nos.1 to 4 had floated a tender bearing Tender No.CE(E)/HP/SHP/CTP/IPP/81 of 2020-21 in respect of the said Gadnadi Hydro Electric Project and Uttarmad Hydro Electric Project. The Respondent Nos.1 to 4 had invited bidders through online from the Promoters / Developers who intend to develop small hydro-electric projects and CPP / IPP for electricity generation in the State of Maharashtra. The Tender notice was floated by Respondent Nos.1 to 4 on its web portal and the Respondents also floated and published a Tender Document for the said project. The bidders were requested to submit their proposal before 21.07.2020, however, the said time for submitting their proposals / bids was extended upto 06.08.2020.
5. The Petitioner has stated in paragraphs 5 to 8 as under :
"5. The Petitioner states that as per Tender Document, Clause nos.1.1.10 and 1.1.11, which reads as under:
1.1.10 Payments to Inviter
| Upfront Premium Amount | : | As quoted by Promoter / Developer in bid form |
| [(Threshold Premium for the Project is 90.00 Lacs) (CI No.2.25.8) |
| (This quoted Upfront Premium amount shall be over and above Threshold Premium) |
| Land Lease Rent (Clause No.3.4.1) | : | Rs.1/KW of installed capacity / year |
| Water Royalty Charges (Clause No.3.4.2 & 3.4.3) | : | Rs.0.05/Kwh (unit) of energy generated. |
| Maintenance charges for intake structure, penstock etc. (Clause No.3.4.4) | : | Rs.0.05 for every unit generated. |
| Mode of payment | : | Demand Draft payable to Executive Engineer. (To be nominated after allotment of Project). |
1.1.11 Techno Economic Feasibility Report (TEFR) processing fees (Clause No.3.2.1)
| Amount Mode of payment | : | Rs.3.50 Lacs Demand Draft payable to Executive Engineer. (To be nominated after allotment of Project). |
Therefore, it was specific condition that the bidder was required to submit the threshold premium for the
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