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A. S. SUPEHIA, MAUNA M. BHATT
Lallooji And Sons Through Its Partner Nikhil Jagdishkumar Agarwal – Appellant
Versus
Tourism Corporation Of Gujarat Limited – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. RULE. Learned advocates appearing for the respective respondents waive service of notice of Rule.
2. Since extreme urgency is cited by the learned senior advocates, the matter has been taken up for final hearing.
3. By way of the present writ petition, the petitioner has prayed for the following prayers : -
B. Your lordships be pleased to declare that the bid of respondent 2 is not valid and the same is liable to be rejected as not meeting tender requirements.
C. Pending admission and final disposal of this petition, Your Lordships will be pleased to stay the further proceedings and awarding of the Tender being "Overall Development, Operation and Management of Rann Utsav Destination at Dhordo, Kutch, Gujarat"
D. Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted.”
BRIEF FACTS:
4. The petitioner is organizing large-scale public events, exhibitions, trade fairs, cultural and sports f
Strict adherence to tender requirements is essential, and deviations or errors in bid submissions cannot be rectified post-submission.
The failure to quote a bid price in the prescribed format renders a financial bid non-responsive, as per the terms of the tender document.
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....
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....
The main legal point established in the judgment is that the conduct of the tendering authority, including the introduction of substantive terms through corrigendum and biased disqualification proces....
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
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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