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A. S. CHANDURKAR, M. S. JAWALKAR
Balaji Ventures Pvt. Ltd. – Appellant
Versus
Maharashtra State Power Generation Company Ltd. – Respondent
JUDGMENT
A.S. Chandurkar, J. - RULE. Rule made returnable forthwith and heard the learned counsel for the parties.
2. On 02.12.2021, the Maharashtra State Power Generation Company Limited-Principal floated a tender inviting bids for transportation of raw coal against Road-cum-Rail allocation from various mines of Western Coalfields Limited to the Thermal Power Station of the Principal. Clause 1.12(V) which is the contentious clause that has given rise to this writ petition reads as under:
''1.12(V) Railway Siding:-
Bidder should have permission/consent of private siding owner to operate the Vimla siding for dispatch of coal to TPS of Mahagenco.
Permission/consent of Vimla private siding owner to operate the siding should be submitted along with the bid, failure which the bid will not be considered. The siding should be available for the entire period of the contract.''
This clause has been challenged as being arbitrary, capricious and violative of Articles 14 and 19(1)(g) of the Constitution of India.
3. Shri D.V. Chauhan, learned counsel for the petitioner-Bidder submits that by introducing a private party in the matter of transportation of raw coal there is uncertainty in the manner in
The main legal point established in the judgment is that the involvement of a private party in a tender process can be justified if it aims to ensure the uninterrupted supply of essential goods, and ....
The court emphasized the minimal interference in tender conditions by the judiciary and the need to prevent arbitrariness, bias, or mala fides in government contracts.
The tender inviting authority is the best judge of its requirements and tender documents, and the court's interference should be minimal unless there is arbitrariness, bias, mala fides, or perversity....
Judicial review in tender matters is limited; courts should not interfere unless actions are arbitrary, discriminatory, or biased.
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
The formulation of tender conditions falls within the administrative domain of the authority, and judicial review is limited to preventing arbitrariness or favoritism. The courts cannot interfere wit....
Judicial review in tender matters is limited to ensuring fairness and non-arbitrariness; minor technical defects in bids do not justify interference unless proven arbitrary or mala fide.
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