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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Ane-NIPL JV – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
Satish Chandra Sharma, C.J.
1. The present Writ Petition has been filed by the petitioner JV firm challenging the Letter No. DJB/EE (T) M-10/2022/1138 (Impugned Letter) dated 30.01.2023 issued by the Delhi Jal Board (Respondent No.2) whereby the Respondent No. 2 has discharged/cancelled the tender bearing NIT No. 18/EE(T)M-10/2022-23 tender ID 2022_DJB_222668_1.
2. The Petitioner herein is a Joint Venture between M/s A N Enterprises and M/s Northern Infradevelopers Private Limited, wherein it was agreed that both the parties shall hold equal share in the consortium.
3. The facts necessary for the adjudication of the instant petition are as under:
(i) In the year of 2013, the works at Wazirabad Barrage from where the water is taken for water treatment plant for treatment and supply to Delhi was initiated in stages. Initially, the said work was being carried out by a JV Consortium of M/s Chinar Shipping & Infrastructure (India) Pvt. Ltd. and M/s ASR Dredging Services Pvt. Ltd. However, due to the slow performance of the contractual works by the abovementioned JV Consortium, the contract was terminated in 2022.
(ii) On 03.03.2022, Respondent No.2 had issued NIT No. 02 (2021-
The discretion of the tendering authority to award the contract, the absence of accrued rights until the contract is awarded, and the obligation to return the performance guarantee in case of inactio....
The court emphasized the importance of fair and transparent decision-making in tender evaluations, asserting judicial review is warranted when actions of administrative bodies exhibit arbitrariness b....
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
The state has the right to cancel a tender and issue a new one in the interest of public welfare, and bidders do not acquire vested rights until a formal contract is awarded.
Judicial review of tender decisions is limited to instances of mala fides or arbitrary actions; a tendering authority's judgment on technical specifications is paramount unless proven fundamentally f....
Judicial review in tender matters is limited to assessing arbitrariness, irrationality, or mala fides; decisions should reflect fair competition and not accommodate late submissions of corrected bids....
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