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1988 Supreme(Del) 114

High Court Of Delhi
R.K.ANEJA - Appellant
Versus
DELHI DEVELOPMENT AUTHORITY - Respondent
Civil 2494 of 1985
Decided On : 05/16/1988

Advocates Appeared:
A.B.DAYAL, A.Behl, G.S.SISTANI, M.L.BHARGAV, N.S.SISTANI, R.L.PAL, RAJ GURU DESHMUKH

Headnote:Constitution of India - Articles 14 and 19 — The lowest quotation of the petitioner was not accepted by DDA on the ground that the performance of the petitioner in the past was not satisfactory. Negotiations with the lowest tenderer was done and the contract was given to the second lowest. The petitioner challenged the action of the DDA on the ground that this amounted to black-listing the petitioner. The petitioner also challenged that the action of the DDA was contrary to the principles of natural justice.

       Held:

       in the circumstances of the case that non-award of the contract to the petitioner does not amount to black-listing.

       In a case where a person only gives a bid or a tender and his bid or tender is not accepted by the authority concerned acting fairly "and honestly, there the question of application of rule of natural justice does not apply because such decision of the authority does not go to affect any civil rights of the party concerned. A party can acquire any civil right in such matter only where a contract has been awarded to a party accepting his bid or tender. Mere fact that a particular contract is not awarded to a party does not mean that the said party has been black-listed.

P. K. Bahri, J.-

( 1 ) IN this petition the petitioner has prayed for a writ of certiorari for quashing the award letters (copies annexures o , p and q , by which three contracts have been awarded to respondent No. 5 by respondent No. 1 and a writ of mandamus directing respondents 1 to 4 to call the petitioner for negotiation and if he is found to be lowest after negotiation, the aforesaid three contracts be awarded to the petitioner.

( 2 ). The petitioner has been registered as Class II Electrical Contractor with respondent No. 1 since 1969 and in 1972 he was enlisted as Class 1 Electrical Contractor and according to the petitioner, he bad executed various works of respondent No. 1 to the entire satisfaction of respondent No. 1. Respondent No. 1 had invited tenders for the electrification work in the multistoreyed building to be constructed at Bhikaji Camaji Bhawan, R. K. Puram, in September 1984 and the petitioner being found the lowest tenderer Shri M,p. Gandhi, the then Superintending Engineer Incharge of the said Circle, had awarded the said contract although Shri S. K. Sinha, respondentno. 4, who was then working as Executive Engineer, was not stated to be interested in awarding the work to the petitioner. The petitioner has pleaded that Shri S. K, Sinha had created many hindrances in the smooth progress of the said work yet the work was completed to the full satisfaction of the Superinrending Engineer who used to visit the site regularly and always was appreciative of the quality of work carried out by the petitioner. The petitioner also alleged that in respect of the said work Shri S. K. Sinha, Executive Engineer, did not make running payment for the work done in between the period October, 1984 to January 1985 and had also not made the payment with regard to the material stored at the site and the petitioner had written a letter dated November 15, 1984. in which, inter alia. the petitioner reiterated that in case Shri S K. Sinha did not believe in the quality of work being done by the petitioner and believe in something else be may recommend to the higher and competent authority for rescinding the contract. According to the petitioner, he received a reply from Shri S. K. Sinha dated November 17, 1984, mentioning that no payment would be made to the petitioner until the petitioner had signed a formal agreement. It was further pleaded in the writ petition that the Superintending Engineer, however, intervened and required Shri Sinha not to harass the contractor in this manner and as the harassment at the hands of Shri Sinha did not cease, thus, the Superintending Engineer transferred the said work from the charge of Shri S. K. Sinha to the charge of another Executive Engineer.

( 3 ). It was also averred in the petition that in the year 1982 the petitioner had quoted two lenders for the works at Alaknanda and Kilokari and during the progress of the said works Shri S K. Sinha had harassed him of which the petitioner had complained vide letter dated December 5, 1984, but later on the said works were also transferred to some other Executive Engineer and the petitioner was saved from any further harassment at the hands of Shri. S. K. Shri but unfortunately in May 1984, Shri S. K. Sinha again look over the charge of the said works and harassment of the petitioner at the hands of Shri Sinha again revived and the same was evident from the letter dated December 5, 1984 According to the petitioner, he stopped giving any tender in respect of any works in the Division under the control of Shri S. K. Sinha, Then, the petitioner made reference to certain queries raised by Shri S. K. Sinha vide letter dated March 16, 1983, with regard to the validity of the electrical licence issued by the Delhi Administration and the list of works awarded to the petitioner by the Delhi Development Authority and the other Government organisations, a copy of reference from the bankers regarding financial capability of the petitioner, a list of skille





























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