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DEVENDRA KUMAR UPADHYAYA, AMIT BORKAR
SecLink Technologies Corporation – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(Devendra Kumar Upadhyaya, CJ.)
1. By instituting proceedings of this petition filed under Article 226 of the Constitution of India, the petitioner which is a Company incorporated in the Republic of Seychelles and is a Lead Member of a consortium comprising of various other companies, assails the validity of the decision taken by the Committee of Secretaries ( CoS ) of the Government of Maharashtra ( GoM ) in its meeting held on 27th August 2020 as affirmed by the Cabinet of the State of Maharashtra vide Cabinet resolution dated 29th October 2020 whereby the tender process initiated on 28th November 2018 bearing tender Ref.No.DRP/1/2018 (hereinafter referred to as the earlier tender ) for selection of a Lead Partner for redevelopment of Dharavi Notified Area (hereinafter referred to as “the project” ) was cancelled and it was further decided to take recourse to the process of re-tendering for development of the project.
2. Challenge has also been made to the Government Resolution dated 5th November 2020 issued by the Housing Department of GoM cancelling the tender as per the decision of the Cabinet dated 29th October 2020. The said Government order also embodies a decision
The cancellation of a tender process is justified when material changes occur, such as the inclusion of railway land, which alters the project's scope and public interest considerations.
The tendering authority can cancel a tender for a single bidder if it serves public interest by ensuring greater competition.
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
The authority may cancel a tender without reason if lack of competition is evident; bidders have no enforceable rights without formal acceptance of their bids.
The tender inviting authority has the right to accept or reject any bid and to annul the bidding process at any time prior to the award of contract without assigning any reason.
The procuring entity has the discretion to cancel tenders and re-invite bids without prior communication of reasons; judicial review is limited to assessing arbitrariness or statutory violations in p....
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