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Hi-Tech Construction and Co. – Appellant
Versus
Chief Secretary, Govt. of Nagaland – Respondent
JUDGMENT :
Devashis Baruah, J.
1. Heard Mr. S. Borgohain, learned counsel appearing for the petitioner, Mr. T.B. Jamir, learned Senior Additional AG appearing for the State respondent, and Mr. R. Iralu, learned Senior Counsel assisted by Mr. L. Iralu, for the private respondents.
2. These three applications are taken up together for disposal pursuant to the order passed by the Division Bench of this Court in its Judgment and Order dated 08.02.2022 in Writ Appeal No. 3/2022, Writ Appeal No. 361/2021, Writ Appeal No. 359/2021 and Writ Appeal No. 360/2021. The brief facts of the instant case is that on 24.07.2019, the Under Secretary to the Government of India, Ministry of Development of North Eastern Region had issued a communication to the Secretary of North Eastern Council thereby conveying Administrative and Financial sanction for an amount of Rs. 136.96/- Crores for the project "Tening to Lekie Road" (37.5 kms) in Nagaland under the 100% Central Sector Scheme "North-East Road Sector Development Scheme" (NERSDS); and pursuant to the said communication dated 24.07.2019, the Adviser to the North Eastern Council by its letter dated 05.08.2019 had accorded the Administrative approval to
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Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
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