RUCHIT BANSAL Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Proceedings of this petition instituted under Article 226 of the Constitution of India assail the validity of tender condition no. 3, so far as it excludes use of BSIV GPS enabled trucks by the tenderers in relation to an e-tender floated for transportation of specified food articles (wheat and rice) on principal - to - principal basis from six Food Corporation of India (hereinafter referred to as the 'FCI') godowns in Delhi to the fair price shops located in Specified Food Circles of National Capital Territory of Delhi. It has, thus, been prayed to quash the said e-tender.

(2.) The petitioners have also prayed for issuance of a writ of mandamus directing the Delhi State Civil Supplies Corporation Limited (hereinafter referred to as the 'respondent no.2/Corporation') to grant extension of the ongoing contract works allotted to the petitioner for a further period of one year, in tune with such a provision mentioned in the existing contract and also in tune with the past practices and to allow the petitioners to continue for the entire period of 39 months as allegedly agreed between the petitioners and respondent no.2. Petitioners have also prayed that respondents be directed not to exclude BSIV vehicles for transportation of the food articles. It has also been prayed that a direction be also issued to respondent no.2/Corporation to grant six months' period to the petitioners for converting their vehicles from BSIV to BSVI standard or as CNG vehicles so that they can be in a position to participate in the tender.

(3.) Challenge to the impugned tender condition, which excludes use of BSIV vehicles, has been made primarily on the ground that the said exclusion runs against various orders passed by the National Green Tribunal (hereinafter referred to as the 'NGT') and the Hon'ble Supreme Court. It has further been contended on behalf of the petitioners that inclusion of use of BSIV vehicles in transportation of the food articles in the earlier tender floated in the year 2022, has been upheld by a Coordinate Bench of this Court by means of a judgment dtd. 3/3/2023, passed in W.P.(C) 11749/2022 and other connected writ petitions and accordingly, the submission is that exclusion of use of BSIV vehicles for transportation of specified food articles is not only against the orders passed by NGT and Hon'ble Supreme Court but also contravenes the judgment dtd. 3/3/2023, passed by this Court in the aforesaid batch of writ petitions.