The main legal point established in the judgment is the limited scope of judicial review in tender/contractual matters, emphasizing that courts cannot rewrite contracts and that the remedy for contractual disputes lies in seeking specific performance or through a civil suit.

JUDGMENT

Manoj Kumar Ohri, J. - By way of the present petition filed under article 226 of the Constitution of India, the petitioner seeks the following reliefs:-

'i. Call for the records relating to the Truck Parking Site at Timarpur, New Delhi;

ii. allow the captioned Petition by issuing an appropriate writ, order or direction in the nature of writ of certiorari quashing/setting aside the Impugned corrigendum/addendum No. 1 dated 11th april 2022, issued vide letter No. DC/RPCell/NDMC/2022/D-44;

iii. allow the captioned Petition by issuing an appropriate writ, order or direction in the nature of writ of certiorari quashing/setting aside the Impugned letter No. DC/RPCell/NorthDMC/2022/D-74 dated 18th april, 2022;

iv. allow the captioned Petition by issuing an appropriate writ, order or direction in the nature of a writ of mandamus directing Respondent to continue the license already been granted to the Petitioner and to execute the required license agreement in favour of the Petitioner for the area measuring 5005 sqm at the proportionately reduced monthly license fee and grant adjustment or refund of the excess amount deposited by Petitioner.'

2. The facts as emerge from the record are that while the petitioner has claimed himself to be a parking contractor, the respondent is North Delhi Municipal Corporation, which is stated to have issued a notice inviting e-tender No. 197 (NIT) on 09.10.2020 for licensing of various parking sites falling under its jurisdiction on payment of advance Monthly License Fee basis (hereinafter, referred to as 'MLF'). The parking site in question was at Timarpur with total area of the site being 42,667.851 sq. m., out of which the parking area was only 38,015.62 sq. m. The minimum reserve price (hereinafter, referred to as 'MRP') was kept at Rs.9,45,000/-. The last date for submission of bid was 05.11.2020 and the last dates for opening of technical and financial bids were 09.11.2020 and 17.11.2020 respectively. The bid was to be accompanied by a sum of Rs.9,45,000/- as security deposit. as per the terms and conditions of the NIT, the successful bidder was also required to submit 1 month advance licence fee, 3 months security deposit and 4 months earnest money deposit, within 7 days of the receipt of Letter of Intent (hereinafter, referred to as the 'LOI').

against the MRP of Rs.9,45,000/-, the petitioner submitted a bid for Rs.36,51,000/-. almost after one year, he was declared successful bidder and LOI dated 05.10.2021 was communicated to him by the respondent through e-mail dated 11.10.2021. The petitioner accepted the same vide e-mail dated 13.10.2021. The petitioner, vide letters dated 14.10.2021 and 25.10.2021, sought 5/6 months' more time to deposit the balance amount of Rs.2,46,12,000/- in terms of the NIT, after taking physical possession of the site. a provisional allotment Letter dated 11.11.2021 was issued by the respondent with certain conditions. The physical possession of the parking site was handed over to the petitioner on 18.11.2021.

3. The petitioner has claimed that when he started operating the parking site, he was not allowed to use the entire parking area and was restricted to the use of only 5,005 sq. m. by the association of local shopkeepers. Eventually, vide letter dated 22.12.2021, he requested the respondent to look into the matter and sort out the issue. On 30.12.2021, even the officials of DDa told the petitioner not to use the area beyond 5,005 sq. m. for parking purposes. Pursuant to a letter sent by the petitioner, the DDa on 31.12.2021, through Executive Engineer, NMD-2 (ND-3), supplied the petitioner with layout plan and physical possession slip. In the said physical possession slip, it was stated that physical possession of the vacant designated parking site 'Truck Parking Timarpur' measuring area 5,005 sq. m. was handed over to Deputy Commissioner, R.P. Cell, North Delhi Municipal Corporation. By way of letter dated 31.12.2021, the DDa also communicated to the responden