ERA INFRA ENGINEERING LIMITED Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) I. Reliefs sought The petitioner is praying for the quashing of the letters dated 03.02.2009 and 05.02.2009, whereby, the Delhi Development Authority (DDA) informed the petitioner that its tender had been rejected and that they (DDA) had decided to recall the tender. The petitioner is aggrieved by the fact that despite its price bid being the lowest (L-1) for the project, the same was rejected and, that too, at a belated stage and without assigning any reasons. Alleging mala fides on part of the respondents, the petitioner seeks a direction from this court that the turnkey project in question be awarded to the petitioner and also that an independent agency be asked to investigate the matter. II. The facts

(2.) Before we go into the questions that arise for consideration, an examination of the facts of the case is necessary. On 24.06.2007, the DDA, through a notice published in the Hindustan Times, invited "Expression of j Interest" from interested agencies in respect of DDA's project of constructing 50,000 multi-storeyed houses in the next five years using fast mode of construction "like pre-fab construction technologies on turn-key basis." It was also indicated that the job shall comprise of planning, designing and construction of houses with specified services and that the technology to be used shall be "fast and cost-effective" and shall "conform to NBC of India and relevant BIS codes." The 'Expression of Interest' was invited from those agencies who wished to participate in designing, tendering process for first lot of 10,000 houses per year for next five years to be constructed primarily in Narela, Rohini, Dwarka or any suitable place in Delhi. Era Infra Engineering Ltd., the petitioner herein, expressed its interest in the turnkey project through its letter of 31.07.2007. Alongwith the said letter, the petitioner also enclosed literature of pre-fab construction technology, namely, ELEMATIC and MIVAN. On 28.08.2007, the DDA shortlisted the petitioner alongwith others and requested them to make a presentation on 01.09.2007, regarding the technology that they were going to use. The presentation was to cover, inter alia, the aspect of "suitability of technology for low cost housing in Seismic Zone - IV".

(3.) On 14.01.2008, the DDA informed all the shortlisted contractors, including the petitioner herein, to submit their bids in the following manner:-