Back
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Jagtar Singh – Appellant
Versus
Municipal Corporation of Delhi – Respondent
JUDGMENT (Oral)
1. Vide the present Writ Petition the Petitioner seeks to challenge the e- Tender, being No. AC/RPC/MCD/2023/D-230, dated 17.04.2023, issued by the Respondent herein for allotment of authorized parking sites falling under the jurisdiction of NDMC, including the truck parking site at Timarpur (hereinafter referred to as `the site in question'). The Petitioner also seeks for a writ of mandamus directing the Respondent herein to open the technical and financial bid of corrigendum dated 11.04.2022 being DC/RP CELL/NDMC/2022/D-44 with respect to the very same parking site. The Petitioner also seeks for an order restraining the Respondent herein from opening the technical bids of the site in question on 03.05.2023.
2. The facts of the case reveal that on 09.10.2020 the Respondent/Corporation floated a tender, being No. ADC/RPC/NDMC/2020/D-197, for allotment of various parking sites which also included the site in question, admeasuring 42667.85 SqM with parking capacity of 38215.62 SqM for parking of 125 trucks and 25 four wheelers. It is stated that the Petitioner was interested in placing his bid for the site in question but was unable to do so because of some technic
The decision-making process in tender matters must be fair, transparent, and not arbitrary, and interference by the court is restricted unless there is evidence of mala fides, intention to favor some....
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 contra....
The court affirmed that the state’s discretion in amending tender conditions is valid if it serves public interest, and a petitioner does not hold a vested right to lease renewal under changing condi....
The tendering authority can cancel a tender for a single bidder if it serves public interest by ensuring greater competition.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The powers of the Writ Court under Article 226 of the Constitution of India are not to carry out the process of re-valuation of the marks granted by experts after considering various technical aspect....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
