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WP(C) no.2343/2021

CM no.7526/2021

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

…

WP(C) no.2343/2021

CM no.7526/2021

Reserved on: 16.11.2021

Pronounced on: 18.11.2021

MS Creations Architects, Engineers, Planners, Interior Designers

…….Petitioner(s)

Through: Mr G.A.Lone, Advocate

Versus

Union Territory of J&K and others

……Respondent(s)

Through: Mr M.A.Chashoo, AAG

CORAM:

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGEMENT

1. Petitioner is aggrieved of and seeks quashment of NIT no.35/E-

Tendering/DGM/Srinagar/Unit/JKPCC of 2021-22 dated 3^rd November

2021, issued by Deputy General Manager – respondent no.4 herein, for

engagement

of

Architectural-cum-Structural

Consultant

for

Construction of Office Complex for Commercial Taxes Department at

Excise and Taxation Premises Solina, Srinagar, with a further direction

to respondents to continue consultancy allotted to petitioner in respect

of construction tendered vide impugned NIT and to pay the amount

already due towards him.

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WP(C) no.2343/2021

CM no.7526/2021

2. The case set up by petitioner is that petitioner-firm is a renowned

architectural cum structural consultancy, having expertise in the field

and that petitioner has also been elected as fellow of Indian institute of

Architects bearing Registration No. 21902. It is averred that J&K

Project Construction Corporation Limited (for brevity “JKPCC”) is a

government owned corporation registered under the Companies Act as

it is entrusted with function of effecting constructions of government

buildings in Union Territory of J&K and has also power to float tenders

on behalf of the Government of J&K for getting the government

buildings constructed under its control and supervision. It is stated that

JKPCC was also empowered to empanel consultants for providing

architectural-cum-structural designs through approved and registered

architects. In terms of its decision issued vide communication No.

PS/MD/7983-8005 dated 02.03.2016 JKPCC is stated to have

empaneled as many as 23 architectural and structural firms for

providing the consultancy about the designs and structures etceterea of

the buildings intended to be constructed by it. The petitioner claims that

he figured at Serial No.10 in the panel. In terms of communication

no.PS/MD/ 8339-41 dated 10^th March 2016, the earlier communication

was superseded with a situation that the agreement required to be drawn

with empaneled consultancy firms, shall be work specific only.

3. It is also maintained by petitioner in writ petition that ever since

empanelment, petitioner-firm has provided consultancy for designs and

structural works undertaken by the Government in erstwhile State of

Jammu and Kashmir in regard to series of buildings. It is claimed by

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WP(C) no.2343/2021

CM no.7526/2021

petitioner that no formal orders for providing consultancy were being

issued but under the agreed arrangement at specified percentage

calculated on the basis of cost of construction works was being assessed

and paid but major portion of the fee fixed with petitioner remained

unpaid for which petitioner reserves the right to prefer the claim at

appropriate time.

4. Petitioner also avers that in respect of the work tendered vide impugned

NIT, the process of consultation by JKPCC with petitioner was initiated

in the year 2018. The petitioner appears to have been selected for

providing the drawing and structural consultancy on the basis of his

previous performance and comparative assessment of suitability among

the approved consultants, who were empaneled along with petitioner.

It is also contended that after thorough deliberations with JKPCC,

conceptual drawings of the proposed building of office complex for

Commercial Taxes Department at Excise and Taxation premises at

Solina, Srinagar, was provided to JKPCC and the drawing provided by

petitioner was