The Court highlighted the importance of fair play, reasonableness, and public interest in awarding contracts, and cautioned against unnecessary interference in commercial matters.

JUDGMENT :

1. The case setup by the petitioner in the instant petition filed under Article 226 of the Constitution is that the respondent Jammu and Kashmir Forest Development Corporation (for short the Corporation) issued a short term tender notice vide e-NIT No. 06 of 2021-22/South Dated 18.09.2021 (for short the e-NIT) inviting e-tenders from Class “A” contractors registered with the Corporation for execution of various timer logging operations viz Extraction, Off Road Transportation and Road Transportation of Marked Trees coming in various projects/ road alignments in advertised compartments falling in Extraction Division Anantnag/PP East Extraction Division Pulwama of South Circle as per the details provided in the tender notice. Besides above other terms and conditions as also the formalities required to be fulfilled by a bidder were also provided in the said e-tender.

2. It is stated in the petition that as per the annexure (1) of the e-NIT for compartments D-22 and D-24, the volume to be exploited was shown as “Standing Volume 107700” and Expected Conv. Volume was 75400 for compartment D-22 and similarly for compartment D-24 “Standing Volume 112000 and expected Conv. Volume was 77900” and brief activities envisaged for execution of contract/project provided was extraction including conversion of trees into logs, De-Branching, De-barking, Carving, Passing Off Road Transportation, Road Transportation of Stocks etc and destination provided was SD Shalteng and norms of rates per square feet were provided as 89.39 and 89.40 for compartments D-22 and D-24 respectively.

3. It is also stated that the last date provided in the e-NIT was extended from 21.10.2021 to 30.12.2021 in terms of corrigendum issued by the Corporation on 21.10.2021 and the petitioner herein being eligible in terms of e-NIT applied for execution of work in compartments D-22 and D-24, submitted bids and also earnest money thereof.

4. It is being next stated that as many as 5 bidders had submitted their bids whereafter the petitioner was declared as L1 for compartments D-22 and D-24, whereupon the petitioner engaged laborers and paid them in advance expecting the work in question would be allotted to him which surprisingly was not allotted to the petitioner and feeling aggrieved of the non-allotment of the contract in question despite having been declared as L1, the petitioner has approached this Court through the medium of instant petition.

5. This Court upon coming of the petition for consideration on 29.11.2022, while issuing notice to the respondents herein directed them to consider the claim of the petitioner qua the finalization of the tender process initiated by them pursuant to e-NIT in question in tune with the Scheme and Rules governing the field.

6. The respondents Corporation upon service of the notice issued by this Court caused its appearance through its counsel and filed objections to the petition and along with the objections placed on record a copy of order dated 25.01.2022 whereunder the claim of the petitioner herein had been considered and rejected on the same grounds as have been urged by the respondent Corporation in the objection filed to the petition.

7. Per contra, in the reply filed to the petition by the respondent Corporation it is being stated that in the Corporation there is a fair and transparent procedure in place in respect of the tenders issued by it for all the works including the works in question and that the Tender Opening Committee is entrusted with the said job while it is being admitted in the reply that petitioner participated in the tendering process under the e-NIT in question for the works in question, in the compartments D-22 and D-24.

8. It is being also stated that the Tender Opening Committee after evaluating the bids in comparison to other compartments advertised in the same e-NIT observed that bidders of bids indicating healthy competition has not taken place and, as such, a poor competition has direct effect on the