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DELHI HIGH COURT
VIPIN SANGHI, REKHA PALLI
Insituform Pipeline Rehabilitation Private Limited – Appellant
Versus
New Delhi Municipal Council – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash notice and award contract. (Para 1) |
| 2. factual basis of the tender process and bid evaluations. (Para 3 , 4) |
| 3. re-tender decision lacks adequate reasoning. (Para 5 , 6 , 9 , 11 , 12) |
| 4. a decision's legality requires documented reasons. (Para 7 , 10 , 14) |
| 5. re-tendering decision is quashed; petitioner entitled to contract. (Para 16 , 17) |
JUDGMENT
Vipin Sanghi, J. (Oral)--The petitioner has preferred the present writ petition seeking the following reliefs:
"(a) issue a writ of mandamus and/or certiorari and/or any other appropriate writ/order/direction in the nature thereof quashing the impugned notice dated 04.01.2021 issued by the Respondent in relation to the Project and all acts/actions taken by the Respondent in furtherance thereto;
(b) issue a writ of mandamus and/or any other appropriate writ/order/direction in the nature thereof directing the Respondent to award the work contract in relation to the Project to the Petitioner in pursuance to the evaluation of Petitioner's bid on 10.09.2020;
(c) call for complete records pertaining to the impugned notice dated 04.01.2021 and erstwhile NIT dated 20.08.2020 in relation to the Project, inc
Administrative decisions must be justified with reasons on record; arbitrary actions lacking justification violate principles of fairness and transparency.
Every decision of the State must be supported by reasons and cannot be arbitrary, whimsical, or capricious.
A public authority's decision to cancel a tender must be reasoned and not arbitrary; failure to provide justifications exposes such decisions to judicial scrutiny.
The validity of administrative decisions must be judged on the basis of reasons existing on record, and the authority cannot provide new/additional reasons when the Court calls for them as they must ....
The annulment of a tender by the NHAI was justified due to the petitioner's failure to comply with procedural requirements, affirming the authority's discretion in public procurement.
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