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2016 Supreme(Raj) 1173
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Kanwaljit Singh Ahluwalia, J.
Chhatisgarh Power & Coal Beneficiation Limited and Ors. - Appellants
Vs.
State of Rajasthan and Ors. - Respondents
S.B. Civil Writ Petition No. 11804 of 2016
Decided On : 04-10-2016
For the Appellants : P. Chidambaram, Senior Counsel assisted by Ankur Chawla, R.P. Singh, Senior Counsel assisted by Manvendra Singh, Anil Meena, Rahul Partap and Heena Khan.
For the Respondents: Gopal Subramanium, Senior Counsel, R.K. Agarwal, Senior Counsel assisted by Kartik Seth and Sambit Nanda.
Headnote:
Constitution of India , 1950 - Article 14, 226,19(1)(g) & 21- Rajasthan Transparency in Public Procurement Rules, 2013 - rule 28(b)(c) - Rajasthan Transparency in Public Procurement Rules, 2013- Rule 69 - Thermal Power Station – Tender for supply of 2.0 Lac MT per month of Raw Coal and supply of washed coal to Thermal Power Station – Scope of work included taking of delivery of raw coal from South Eastern Coalfields Limited on behalf of transportation of raw coal from mines to washing of raw coal to obtain specified parameters transportation of washed coal to nearest railway siding loading into wagons for dispatch to Power Station on completing all documentation as required by coal company Railways - Thermal Power Station is situated near Village, District -Kota Line West-Central Railway - Rajasthan Nigam Ltd floated tender for supply of 2.0 Lac MT per month of Raw Coal and supply of washed coal to Thermal Power Station scope of work taking of delivery of raw coal from South Eastern Coalfields Limited on behalf of transportation of raw coal from mines to washers, washing of raw coal to obtain specified parameters transportation of washed coal to nearest railway siding loading into wagons for dispatch to Power Station on completing all documentation as required by coal company, Railways and RVUN- Held, In case State of Rajasthan as per recommendation of court constitute Guidance Committee in that may if so advised in their discretion may open financial bids of technically unqualified bidders who offer wet technology in terms of affidavit reproduced above to negotiate and obtain supply of coal at lowest price committee shall oversee that supply of coal is ensured at lowest price in the available circumstances and no loss is caused to the State by allaying apprehension expressed before this court by petitioners it is for committee to take ground realities into consideration at what price coal is supplied to thermal plants in nearby locations what is difference in distance committee can also consider at what rate coal is being supplied to private sector power plants - Comparison of price of supply to other thermal plants can be resorted to there can be many factors to determine price and same cannot be put by this court in water tight jackets this court shall trust Guidance Committee so formulated that it shall act reasonably in public interest to negotiate and arrive at best price for supply of coal to be made by successful bidder-Observations made above present of without causing interference and by upholding qualifying criteria prescribed by respondents in tender notice - Writ petition is disposed
Kanwaljit Singh Ahluwalia, J.
1. Chhabra Thermal Power Station is situated near Village Choki Motipura, Tehsil Chhabra, District Baran on Bina-Kota Line, West-Central Railway.
2. Rajasthan Vidhyut Utpadan Nigam Ltd. (hereinafter called as 'RVUN'), floated tender (Annexure-P/17) for supply of 2.0 Lac MT per month of Raw Coal and supply of washed coal to Chhabra Thermal Power Station. The scope of work included lifting/taking of delivery of raw coal from South Eastern Coalfields Limited (hereinafter called as 'SECL') on behalf of RVUN, transportation of raw coal from mines to washery, washing of raw coal to obtain specified parameters, transportation of washed coal to nearest railway siding, loading into wagons for dispatch to the Chhabra Power Station on completing all documentation as required by coal company, Railways and RVUN.
3. In the tender document (Annexure-P/17), the contract period specified is for five years from the commencement of the work subject to ascertainment of satisfactory performance every year.
4. Annexed with the writ petition, is list (Annexure-P/5) of existing private washeries having permission from SECL to lift coal on behalf of FSA consumers. As per tender document, 'FSA' means "Fuel Supply Agreement" executed by RVUN with SECL for supply of coal to the power stations of RVUN.
5. Since the thrust of the argument revolves around list of washeries permitted by SECL, it will be apposite here to reproduce Annexure-P/5, the list of washeries giving details of the location and annual capacity. Annexure-P/5 of the writ petition reads as under:--
"NAME OF EXISTING PRIVATE WASHERIES WITH CAPACITY AND LOCATION.
HAVING PERMISSION FROM SECL TO LIFT COAL ON BEHALF OF FSA CONSUMERS
Sl. No.
Name of Washery
Location
Capacity (Annual) (Lakh Te.)
1.
Aryan Coal Beneficiation Pvt. Ltd. Dipka
Dipka, PO Gevra Dist. Korba (C.G.)
120
2.
Spectrum Coal & Power Ltd. Ratija
Ratija, PO Katghora, Dist. Korba (C.G.)
110
3.
Aryan Coal Beneficiation Pvt. Ltd. Chakabura
Chakabura, PO, Jarwahi, Dist. Korba (C.G.)
40
4.
Chhattisgarh Power & Coal Beneficiation Pvt. Ltd.
Plot 60, Industrial Area, Dits. Bilaspur (C.G.)
12.5
5.
Hindi Energy & Coal Beneficiation (India) Ltd.
Hindiadih, Dist. Bilaspur (C.G.)
24
6.
Aryan Coal Beneficiation Pvt. Ltd.
Gevra, PO Gevra, Dist. Korba
50
7.
M/s. Mahavir Beneficiation Pvt. Ltd.
Dhrol, Patnakala, Dist Anuppur (M.P.)
10
8.
Rashmi Sponge Iron & Power Industries Ltd.
90, Industrial Growth Center, Phase-II, Siltara.
14.4
9.
Vihar Industries
Village Sondra, Near Industrial Area, Siltara, Raipur.
6
10.
KJSL Coal & Power Ltd.
Village Dalura, Dipka-Seepat Road, Haldi Bazar.
12
11.
Phil Minerals Beneficiation & Energy Pvt. Ltd.
Beltara, PO Ratnapur, Dist. Bilaspur (C.G.)
9.9
12.
Aryan Coal Beneficiation Pvt. Ltd.
Beltara Vill. Dipka PO Gevra, Dist. Korba (C.G.)
9.6
13.
Maruti Clean Coal & Power Pvt. Ltd.
Village Retija, PO Nonblra, Tehsil-Pali, Dist. Korba
33.3
14.
M/s. Swastik Power & Mineral Resources Pvt.
Village Kanbari, Tehsil Katghora, Dist. Korba (C.G.)
9
15.
M/s. Maheshwari Coal Beneficiation & Infrastructure
Sirgiti Industrial Area, Dist. Bilaspur (C.G.)
12
16.
S.V. Power Pvt. Ltd.
Village Renki, Murli Road, Tehsil Pali, Dist. Korba
25
17.
M/s. Mahavir Coal Washeries Pvt. Ltd.
Village Bhetai, PO Balada, Dist. Janjgir-Champa
9.5
TOTAL SECL
507.2
6. Another list Annexure-6 has been relied by the petitioners to contend that in the above list of seventeen washeries, Aryan Coal Beneficiation Pvt. Ltd. Dipka, Spectrum Coal & Power Ltd., Ratija, Aryan Coal Beneficiation Pvt. Ltd., Chakabura, Aryan Coal Beneficiation Pvt. Ltd. Gevra, Aryan Coal Beneficiation Pvt. Ltd. Binjhari, Maruti Clean Coal & Power Pvt.
