SAB INDUSTRIES LIMITED Vs. CHIEF EXECUTIVE OFFICER CGEWHO

JUDGEMENT

(1.) The present petition is directed against the decision of respondents 1, 2 and 3 in not opening the price bid of the petitioner and to declare respondents 4 and 5 as lowest bidders for construction of 1088 residential flats in three packages at Gurgaon, Haryana.

(2.) The facts as stated in the writ petition are that SA Builders Ltd. was a private limited company incorporated in 1978 under the Indian Companies Act, 1956 and has now been re-named as SAB Industries Ltd. The turnover in the last five years has been more than Rs. 15 crores per annum. The petitioner has successfully executed a number of projects all over India including the Housing Scheme for Gas Authority of India at Guna, 874 Bed Hospital for the Indian Army at a cost of Rs. 30 crores, B.R.Ambedkar University at Hyderabad, Housing Project for Ministry of Defence at Port Blair at a cost of Rs. 700 lakhs, Research Centre for DRDO under Ministry of Defence at a cost of Rs. 12.5 crores. Main Plant Building along with 200 houses at a cost of Rs. 25 crores for Indian Acrylic Limited. All these projects have been completed to the satisfaction of the owner without resort to any litigation or arbitration proceedings.

(3.) On May 21, 1996 a Notice Inviting Tenders was published in the leading newspapers on behalf of respondent No. 1 for construction of 1088 residential flats in three packages complete in all respects at Sector 56, Gurgaon,Haryana. This was a beneficial project, it is alleged, for the Central Government employees. Respondent No. 1 is a State within the meaning of Article 12 of the Constitution of India and is amenable to the writ jurisdiction of this Court.