Excelsior Correspondent
JAMMU, Oct 24: Justice Alok Aradhe today disposed of one more petition which was creating hurdle in the implementation of mega project-widening of Katra-Domail road.
The petition was filed by TBA Infrastructure Pvt Ltd seeking quashment of order passed by respondents whereby technical bid of a firm in respect of NIT No.08 of 2015-16 was accepted. The petitioner was seeking allotment of contract to it in terms of NIT and to prohibit another firm from execution of the contract for widening of Katra-Domail road.
After hearing both the sides, Justice Aradhe observed, “from the perusal of Clause 4.5.5, it is evident that the applicant should have assured ownership of the equipments in a working order for use in the proposed contract”.
“The Executive Engineer inspected the site to ensure that the equipments were in the working condition. He found that the equipments have been taken on rent by respondent from one M/s R A Engineers and Contractors and are in working condition. Accordingly, recommendation was made to the Chief Engineer by the Executive Engineer and thereafter, by order dated 19.09.2015, order awarding the contract was issued as the respondent fulfilled the entire eligibility criteria and was the lowest bidder”, High Court said.
“The official respondents have taken the rent agreement to be assured ownership of plant and equipments as defined in Clause 4.5.5. The object of incorporation of Clause 4.5.5 is to ensure that contractor must have the requisite plant or equipments so as to ensure timely completion of contract awarded to him. Viewed from this angle the decision of official respondents can neither be termed as arbitrary or irrational”, Justice Aradhe further said.
Stating that decision taken by the official respondents was in public interest, Justice Aradhe said, “there is a different of Rs 30 lakh between the bid of the petitioner and respondent”, adding “this court in exercise of extra ordinary discretionary jurisdiction under Article 226 of the Constitution of India read with Section 103 of the State Constitution is not inclined to interfere with contractral dispute between two tenderers in which no element of public interest is involved”.
With these observations, court dismissed the petition.
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