Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMOHAN, TUSHAR RAO GEDELA
Ravindra Nath – Appellant
Versus
Municipal Corporation Of Delhi – Respondent
| Table of Content |
|---|
| 1. factual basis of the petition. (Para 1 , 2) |
| 2. petitioner's arguments on tender cancellation. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. court's reasoning on tender authority. (Para 10 , 11 , 13 , 15 , 16) |
| 4. principle of public interest in tender processes. (Para 12 , 14) |
| 5. writ petition dismissed with no merits. (Para 17) |
JUDGMENT :
TUSHAR RAO GEDELA, J.
1. Present writ petition has been filed under Article 226 of the Constitution of India, 1950 seeking setting aside of order dated 24th September, 2024 having reference no. AC/RPC/MCD/2024/D-1700 passed by the Municipal Corporation of Delhi (hereinafter referred to as ‘MCD’) and the communication dated 22nd August, 2024 bearing reference no. AC/RPC/MCD/2024/D-1354 issued by the Assistant Commissioner, R.P. Cell/MCD whereby the tender has been withdrawn/cancelled. The petitioner further seeks setting aside of parking NIT no. AC/RPC/MCD/2024/D-1430 dated 30th August, 2024 to the extent whereby it invited Tender/Bid for the parking site namely Shamshan Ghat under boundary wall, Geeta Colony.
2. The facts germane to the issue at hand and culled out from the petition are as under:-
(i) Vide notification no.AC/RPC/MCD/2024/D-906 dated 1
The tendering authority can cancel a tender for a single bidder if it serves public interest by ensuring greater competition.
The procuring entity has the discretion to cancel tenders and re-invite bids without prior communication of reasons; judicial review is limited to assessing arbitrariness or statutory violations in p....
The cancellation of a tender process is justified when material changes occur, such as the inclusion of railway land, which alters the project's scope and public interest considerations.
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
The authority's interpretation of tender conditions is paramount, and non-compliance with explicit requirements justifies cancellation of bids.
Section 14 of Act reads as general rejection of tenders.
The tender inviting authority has the right to accept or reject any bid and to annul the bidding process at any time prior to the award of contract without assigning any reason.
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
