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IN THE HIGH COURT OF DELHI AT NEW DELHI
V.KAMESWAR RAO, MANMEET PRITAM SINGH ARORA
Jagtar Singh – Appellant
Versus
Municipal Corporation of Delhi – Respondent
| Table of Content |
|---|
| 1. tender contestation context (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. petitioners' arguments against re-tendering (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 3. further support for petitioners' claims (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. summary of petitioners' submissions (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 5. court's final analysis and conclusion (Para 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52) |
JUDGMENT :
V. KAMESWAR RAO, J.
1. The petitioners in all four petitions are authorised parking contractors with the respondent/Municipal Corporation of Delhi (MCD). The issues that arise in these petitions are with respect to a Tender dated 15.01.2026 floated by the respondent MCD bearing No. AC/RPC/MCD/2026/D-1419, whereby e-bids have been invited for allotment of authorised surface parking sites under the jurisdiction of MCD on a Monthly License Fee (MLF) basis.
2. It is the case of the petitioners that they have been allotted various parking sites through earlier Tender dated 27.09.2022 bearing No. AC/RPC/MCD/D-907, which have now been placed in the new Tender bearing No. AC/RPC/MCD/2026/D-1419 dated 15
The discretion of public authorities in contract renewals must align with contractual terms and not amount to arbitrary action, ensuring transparency and fairness in public procurement.
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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 upheld the discretion of the Airport Authority in tender processes, emphasizing the need for restraint in judicial review of contractual matters, particularly during the COVID-19 pandemic.
A contract's duration dictates rights to extension; courts may not interfere in administrative tender decisions without compelling evidence of arbitrariness.
Public authorities must act fairly and cannot arbitrarily terminate contracts without justification, reinforcing the legitimacy of expectations within public-private partnerships.
The court established that the COVID-19 pandemic qualifies as a force majeure event, warranting an extension of contractual obligations, and underscored the necessity of arbitration in resolving disp....
The court affirmed that tendering authorities have discretion to set conditions and extend contracts, provided such actions are not arbitrary or unreasonable.
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