W.P.(C) 2302/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on:-

09.03.2021

Date of Decision:- 21 .09.2021

+

W.P.(C) 2302/2021 & CM APPL. 6701/2021

SHAKTI JAN SUDHAR SAMITI, DELHI (NGO)THROUGH ITS

GENERAL SECRETARY, SH. RAVINDER KUMAR GUPTA, S/O

LATE SH. H.C. GARG

..... Petitioner

Through

Mr. Puneet Mittal, Sr. Adv. with

Mr. Anil Singal, Adv.

versus

DELHI URBAN SHELTER IMPROVEMENT BOARD THROUGH

ITS CHAIRMAN & ORS.

..... Respondents

Through

Mr. Parvinder Chauhan, ASC for

DUSIB.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

HON'BLE MS. JUSTICE REKHA PALLI

VIPIN SANGHI, J

J U D G M E N T

1.

The present writ petition under Article 226 of the Constitution of India

assails the Eligibility and Turnover Criteria prescribed in 24 Notices Inviting

Tenders (NITs) issued by the Respondent/Delhi Urban Shelter Improvement

Board (DUSIB), GNCTD between 11.02.2021 to 15.02.2021 for operation,

management, and maintenance of Jan Suvidha Complexes.

Brief Facts:

2.

The Petitioner society is an NGO registered under the Societies

Registration Act, 1860 and claims to have been carrying out the operation,

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W.P.(C) 2302/2021

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management, and maintenance of Jan Suvidha complexes since 09.07.1998.

The Respondent/ Delhi Urban Shelter Improvement Board (DUSIB) has been

constructing Jan Suvidha complexes for providing basic civic amenities to the

citizens of Delhi, especially in the slum areas. Over the years, Jan Suvidha

Complexes have been allotted to various NGOs/ private companies through

issuance of tenders by the Respondent, where the tendered work mainly

revolves around the operation, management and maintenance of these

complexes.

3.

Initially, these Jan Suvidha complexes were available to the public only

on a "Pay and Use" basis, which required them to pay a nominal charge for

using the service. However, the Respondent introduced a „Free User Charge‟

Scheme, in pursuance of its decision to make free-of-cost community toilets

available to persons living in slums. A Notice Inviting Quotations (NIQ) was

issued on 19.12.2017 for the operation, management and maintenance of such

toilet complexes. The NIQ concluded by allotting the work to various

NGOs/Societies, including the petitioner herein. It is the petitioner‟s claim that

since its work was found to be satisfactory, the Respondent extended its

contract till 27.11.2018.

4.

Thereafter, fresh tenders were invited, which were awarded to private

companies instead of NGOs for two years, and now a fresh Tender process has

been initiated, vide the impugned 24 NITs from 11.02.2021 to 15.02.2021.

According to the petitioner, the system of awarding the work to private

companies did not prove to be successful, and thus led to the issuance of the

impugned 24 NITs seeking to award the work pertaining to these Jan Suvidha

complexes to the NGOs/societies once again.

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5.

The petitioner has assailed the Eligibility and Turnover Criteria in all

the 24 NITs, which have similar terms and conditions. The relevant extracts

from one of the NITs is being reproduced herein below.

“

A.

Scope of Work

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The tender has two components namely Part-A & Part-B.

Part-A (Part A-1 + Part A-2) includes wages of stipulated

labour (i.e. Part A-1), Applicable bonus if any and

contribution of employer towards EPF & ESI (i.e. Part A-2)

Part-B includes electricity consumption charges, T&P,

machines/jet machine, Upkeep of sanitary napkin dispenser

and sanitary pad incinerator in ladies section (sanitary

napkin dispenser and sanitary pad incinerator shall be

provided by department as per requirement) other allied items

like brooms, mopes, cleaning material, powder, soap etc.,

contingencies and expenditure for initial as well as day to day

repairs including labour component of repa