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ORISSA HIGH COURT : CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Nirmal Chandra Rout – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. question about legality of order under pmgsy. (Para 1) |
| 2. petitioner's bid, agreement details, quarry issues. (Para 2) |
| 3. opposite party's defense of contractual terms. (Para 3) |
| 4. petitioner's rebuttals to contract obligations. (Para 4) |
| 5. court's observations on claims and contract. (Para 6 , 7 , 8) |
| 6. court's conclusion on rejection of claim. (Para 9) |
JUDGMENT :
1. Questioning the legality and tenability of Order dated 09.06.2022 passed by the Superintending Engineer, Rural Works Division, Bhadrak, opposite party No.3 (Annexure-7) passed in pursuance of decision taken by a Committee in its meeting held on 09.06.2022 (Annexure- 6) in compliance of Order dated 15.03.2022 passed in W.P.(C) No.3773 of 2022 of this Court, in rejecting the claim of the petitioner with respect to price variation/escalation for transportation of minor minerals for use in the work “Improvement to Road and CD Works under Pradhan Mantri Gram Sadak Yojana” vide Package No.OR-04-320(A)/PMGSY-III (Batch-II) (Barapada Kandava PWD Road to PWD Road Panpadi Chhak via Bodakpatna, Odanga, Sarmara, Gohira, Jirina in the district of Bhadrak for the year 2021-22 pertaining to Agreement No.09/PMGSY-III of 2
The court ruled that escalation of prices for procurement of minor minerals is permissible where the designated quarry was closed due to external factors, contradicting the initial denial based on a ....
The court ruled that bids below the justified rate are non-responsive, emphasizing judicial respect for expert evaluations in tendering processes.
The court affirmed the principle that disqualification of a bidder must comply with statutory provisions, and a successful bidder can match a higher bid if disqualified for solvency issues, ensuring ....
The court upheld the cancellation of a tender based on abnormal pricing, emphasizing the need for administrative fairness and the authority's discretion in tender processes.
The main legal point established in the judgment is that the claim for escalation under a contract is admissible if the specified conditions are satisfied, and the principle of res-judicata does not ....
An award for extra payment due to change in quarry source is valid if proper authority sanction exists and statutory provisions take precedence over contractual limitations.
The rejection of bids by public authorities must adhere to the principles of fairness, reasonableness, and non-arbitrariness as mandated by Article 14 of the Constitution of India.
Revision of contract price by a governmental entity under mutual terms is permissible and does not violate constitutional rights if conducted fairly and within the agreed terms.
The court ruled that statutory authorities must adhere strictly to tender rules, rejecting arbitrary acceptance of bids that are significantly lower than the highest bid to safeguard public revenue.
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