S. P. Construction vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Guj) 927

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.R. Brahmbhatt, R.P. Dholaria, JJ.
S.P. Construction – Appellant
Vs.
State of Gujarat – Respondent
Special Civil Application No. 19246 of 2017
Decided On : 20-09-2018

Advocates Appeared:
Chirag K Sukhwani, Adv., Ronak Raval, Adv., Ravindra Shah, Adv., Nirav Soni, Adv.

Headnote:
Constitution of India - Articles 14, 19(1)(g) and 226 - Irrigation - Petitioner is a registered partnership firm having A Class Registration with Executive Engineer, Irrigation Project Division - Petitioner carries on business as government approved contractor - Respondent no.1 invited tenders for the following works - Held, In light of the observations of Supreme Court in the said ruling it can well be said that the terms of the tender document are required to be adhered to in stricto sensu without there being any room of deviation - Deviation on the part of the tenderer or bider would if found fatal by the employer then, the Court need not interfered therewith - This brings the Court to consider the contention of the petitioner qua ignoring of the certificate which according to him was erroneous - This submission of the petitioner also deserves to be rejected as the correction was only sought to be obtained after the due date and opening at the Pre-Qualification where everyone knew as who has been qualified and who has not been qualified - Beside the employer inviting tender is the authority, who has to apply the terms of the tender in stricto sensu to all the bidders while assessing rival claim of the bidders for bagging the contract - Moreover, it may not be overlooked that the petitioner did not elaborately and in detail indicated year wise working as other bidders did provide the details - This aspect emphasis by the counsel for the respondent no32 also needs consideration in its proper perspective - In view of this, the Court is of the view that the contention of the petitioner for allowing this petition deserve to be rejected as not tenable in eye of law - Petition dismissed. (Paras 19, 20)

JUDGMENT

S.R. Brahmbhatt, J.

The petitioner, a registered partnership firm, and government approved contractor, has approached this Court by way of this petition with following prayers:

(a) Your Lordships may be pleased to admit present petition.

(b) Your Lordships may be pleased to issue writ of mandamus or any other appropriate, order or direction by quashing and setting aside the action of Respondent No.1 in disqualifying the petitioner for the works (I) Converting Existing Flow Canal System into Lift Irrigation System of Direct Minors & it's Sub Minors and Direct Outlets of Main Canal of Bhadar Irrigation Scheme3 of Bhadar Irrigation Scheme, (ii) Extension, Renovation and Modernization work to main Canal of AjiII Irrigation Scheme and (iii) Extension, Renovation and Modernization work to Bhadar Main Canal between Ch.5050:00 Mt. to 50800.00 Mts. of Section1 and main Canal between Ch.74310.00 mts to 76606.00 mtrs. with D5/R of Section4 of Bhadar Irrigation Scheme (Part3).

(c) Your Lordships may be pleased to issue appropriate writ of mandamus or any other appropriate writ, order or direction by directing the Respondent No.1 to qualify the Petitioner for the works mentioned in Para2 of this petition.

(cc) Your Lordships may be pleased to quash and set aside the award of Contract of Extension, Renovation and Modernization work to main Canal of AjiII Irrigation Scheme to Respondent no.3.

(d) By way of interim relief, restrain the Respondent No.1 from accepting the Tender of any other tenderer for (i) Converting Existing Flow Canal System into Lift Irrigation System of Direct Minors & it's Sub Minors and Direct Outlets of Main Canal of Bhadar Irrigation Scheme3 of Bhadar Irrigation Scheme, (ii) Extension, Renovation and Modernization work to main Canal of AjiII Irrigation Scheme and (iii) Extension, Renovation and Modernization work to Bhadar Main Canal between Ch.5050:00 Mt. To 50800.00 Mts. of Section1 and main Canal between Ch.74310.00 mts to 76606.00 mtrs. with D5/R of Section-4 of Bhadar Irrigation Scheme (Part3).

(e) Such other and further reliefs as may be deemed fit in view of the facts and circumstances of the case be granted.

Thus, essentially the petitioner has challenged the action of respondent no.1 in disqualifying the petitioner for the tenders in question on the ground that the petitioner did not fulfill the eligibility criteria and the petitioner submitted incorrect facts and figures for the same resulting into disqualification for the tenders in question.

2. Facts in brief, as could be culled out from memo of the petition deserve to be setout as under.

2.1 The petitioner is a registered partnership firm having A Class Registration with Executive Engineer, Rajkot Irrigation Project Division. The petitioner carries on business as government approved contractor. The respondent no.1 invited tenders for the following works:

(i) Converting Existing Flow Canal System into Lift Irrigation System of Direct Minors & it's Sub Minors and Direct Outlets of Main Canal of Bhadar Irrigation Scheme3 of Bhadar Irrigation Scheme.

Estimated cost put to tender Rs. 5,60,80,822.05

Earnest Money deposit Rs. 5,61,000.00

Last date of downloading of tender Dt.17/09/2017 upto 18:00 Hrs. (IST)

Last date of online submission of

P.Q. and price bid Dt.17/09/2017 upto 18:00 Hrs. (IST)

Date of opening (Online)

(A) Pre-Qualification Bid Dt.18/09/2017 at 12:00 Hrs.

The last date of online submission of P.Q. And Price bid was extended upto 19th September 2017.

(ii) Extension, Renovation and Modernization work to main Canal of Aji-II Irrigation Scheme.

Estimated cost put to tender Rs. 3,69,76,379.05

Earnest Money deposit Rs. 3,69,800.00