JAYASWAL NECO INDUSTRIES LTD. Vs. UOI AND ORS.

JUDGEMENT

(1.) This writ petition is in respect of the Gare Palma IV/8 coal mine. The petitioner's technical bid has been rejected by the Technical Evaluation Committee for the following reasons:-

(2.) According to Mr. Sibal, the learned senior counsel appearing on behalf of the petitioner, even if the aforesaid elements are ignored for the sake of arguments, without admitting that they could be ignored for an integrated steel plant, the petitioner would still be entitled inasmuch as the total coal requirement of the sponge iron plants and the captive power plants and the pellet plant taken together on the basis of the formula given in the tender documents would be in excess of the extractable results of 45.85 million tonnes. In fact, the respondents have not included the computation of the requirement for the pellet plant while stating that the coal requirements of the petitioner is only 45.76 million tonnes. Although the learned counsel for the petitioner states that they do not accept the computation of 45.76 million tonnes and in fact, according to them, the computation would be 52.12 million tonnes, even if the manner of computation of the respondents is taken and the requirement for the pellet plant is included, the deficiency of 0.09 million tonnes is covered.

(3.) We have heard the learned counsel for the parties at great length. Mr. Sanjay Jain, the learned ASG, submitted that the computation for the requirement of the pellet plant has not been included in any of the other bidders' cases. Therefore, in the present case also, it has not been computed and that the computation has been made on the basis of the coal consumption norms for evaluation of bids as per annexure P-6 given at page 152 onwards of the paper book.