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2021 Supreme(All) 532

IN THE HIGH COURT OF ALLAHABAD
RITU RAJ AWASTHI, DINESH KUMAR SINGH, JJ.
M/s Geo Miller & Co. Pvt. Ltd. Thru. Director – Appellant
Versus
U.P. Jal Nigam, Lucknow Thru. General Manager & Ors. – Respondents
Misc. Bench No. 15664 of 2020
Decided on : 17-08-2021

Advocates:
Advocate Appeared:
For the Appellant : Agendra Sinha, S.D. Singh
For the Respondent: Rishabh Kapoor, Raj Kumar Singh, Sudhir Kumar Pandey

Point of law: Court in exercising of its power of judicial review vested under Article 226 of the Constitution of India, would not like to interfere with the award of contract which has huge public importance
Point of law: Court in exercising of its power of judicial review vested under Article 226 of the Constitution of India, would not like to interfere with the award of contract which has huge public importance

Headnote:

Constitution of India,1950 - Article 226 - Environment Protection Act, 1986 - Section 3 - Exercise our jurisdiction - Government Authority constituted - Hinduism holy River is personified and personalized as Goddess - People believe that bathing in pious can help wash all sins- It is also believed that a mere touch of river can help attain (salvation) and so ashes of dead persons are immersed in sacred river so that dead - There is no match to everlasting divinity of holy river –

Finding of the Court:

Court to interfere by exercising power of judicial review should be resisted- Such interferences either interim or final may hold up public works for years or delay relief and succor to thousands and millions and may increase project cost manifold - Therefore a court before interfering in tender or contractual matters in exercise of power of judicial review should pose to itself following questions no gainsaying that in any challenge to award of contact before High Court and so also before this Court what is to be examined is legality and regularity of process leading to award of contract- What Court has to constantly keep in mind is that it does not sit in appeal over soundness of decision- Court can only examine whether decision making process was fair reasonable and transparent- In cases involving award of contracts Court ought to exercise judicial restraint where decision is bonafide with no perceptible injury to public interest court hold that public interest would outweigh private interest of petitioner if any and therefore this Court in exercising of its power of judicial review vested Article Constitution of India would not like to interfere with award of contract which has huge public importance –

Result: Petition dismissed

JUDGMENT :

Dinesh Kumar Singh, J.

1. According to Hindu Mythology, Bhagiratha, a legendary king of the Ikshvaku dynasty, brought the River Ganga to Earth from heavens because only she could bestow nirvana to Bhagiratha’s ancestors who were cursed by Sage Kapila. After years of great penance, River Ganga descended on Earth and Lord Shiva agreed to channelize her flow. Therefore, River Ganga flowed from Lord Shiva’s hair. The place where the sacred river originated is known as Gangotri in present times, and since the river originated from Lord Shiva’s Jata (hair) it is also called Jatashankari.

2. River Ganga is called by several names, including Jahnavi, Shubhra, Sapteshwari, Nikita, Bhagirathi, Alaknanda, and Vishnupadi.

3. It is believed that it flows from all the three worlds -Heaven/Swarga, Earth/Prithvi, and Hell/Patala. In Hinduism, the holy River Ganga is personified and personalized as Goddess Ganga. People believe that bathing in the pious Ganga can help wash all sins. It is also believed that a mere touch of the river can help attain moksha (salvation) and so the ashes of the dead persons are immersed in the sacred river so that the dead attains moksha (gange tav darshanarth mukti). There is no match to the everlasting divinity of holy river Ganga.

4. It is lifeline of India because it provides water to 40% of India’s population. It is a source of irrigation for a wide variety of crops. Its basin has fertile soil that largely influences the agricultural economies of India and its neighboring country of Bangladesh. It also supports fishing industries, making it an agricultural and professional necessity for the livelihood of Indians.

5. Varanasi, Haridwar, Gangotri, Prayagraj, and Rishikesh are the prime religious destinations that have great religious significance for Hindus located at the Banks of river Ganga. Kumbh Mela is organized in Prayagraj and Haridwar. Ganga Arti takes place in twilight everyday at Rishikesh, Haridwar and Varanasi.

6. Adventure tourism is also organized in Rishikesh, such as river rafting, kayaking, and body surfing etc. The bathing ghats of Ganga are popular tourist attraction. Travellers often visit these ghats to bathe and witness the funeral rites and Ganga Arti.

7. Several yoga retreats have been established on the banks of River Ganga because of its calm and peaceful atmosphere. River Ganga is worshiped as Ganga Maa or Mother Ganges.

8. It is the longest river in India and it flows around 2525 kms from the Himalayan Mountains to Bay of Bengal. It has the second greatest water discharge in the world, and its basin is the most heavily populated in the world with over 400 million people living in it. The course of river begins in Himalayan Mountains where the Bhagirathi River flows out of the Gangotri glacier in Uttarakhand. The glacier is located at an elevation of 12,769 feet. In long stream, the Bhagirathi and Alaknanda rivers join. As the river Ganga flows out of the Himalayas, it creates a narrow, rugged canyon. From Rishikesh, it begins to flow onto the Indo-Gangetic Plain. As river Ganga then flows farther downstream, it changes its direction several times and is joined by many other tributary rivers such as Yamuna, Ramganga, Tamsa, and Gandaki Rivers. River Ganga flows out of India and into Bangladesh, its main branch is known as Padma River. Before entering the Bay of Bengal, the river creates the world's largest delta, Ganges Delta. This region is a highly fertile sediment-laden area that covers 23,000 square miles. Its overall length of drainage size is based on what tributary rivers are included. Its drainage basin is estimated to be about 4,16,990 square miles.

9. River Ganga basin has been inhabited by humans since ancient times. The first region Harappan civilization, who moved into the Ganges River basin from the Indus River basin around the 2nd millennium B.C.E. Later, the Gangetic plain became the center of the Maurya Empire and then the Mughal Empire. Megasthenes in his work Indic

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