GURUJI CONSTRUCTIONS Vs. TRIDA

JUDGEMENT

(1.) HEARD Mr. P.B. Sahasranaman for the appellant, Mr.Pirappancode V.S. Sudheer for first respondent, Mr.T.L. Ananthasivan for respondents 2 to 6 and Mr.Alexander Thomas, Govt. Pleader for 7th respondent.

(2.) THE petitioner in the original petition is the appellant. The first respondent - the Thiruvananthapuram Development Authority (TRIDA in short) - invited tenders from professional consultancy groups for completing the remaining blocks of the Palayam Project. TRIDA , with a view to develop Palayam area, had formulated a detailed Town Planning Scheme and the Government had, by G.O.(MS) No. 199/78/LA & SWD dated 7-8-1978, sanctioned the said Scheme. Palayam Market Redevelopment is one of the major projects envisaged in the said Scheme and TRIDA is entrusted with the responsibility for implementation of the said Project. The Scheme contemplates the total re-development of Palayam Market and its precincts with a view to ensure basic amenities to all and to regulate the orderly growth of the area in accordance with the principles of Town Planning. For implementing the Palayam Market development, the TRIDA had appointed Sri.C.M. Correa and Associates, Bombay as Architectural Consultant with the approval of the Government. He had prepared the Architecture/Structural designs for one block, viz., 'B' Block and the same was completed and commissioned by TRIDA in 1997. He has resigned from the project and his resignation was accepted by TRIDA on 17-6-1996. On account of his resignation, the Authority required the services of Architectural Consultants for completing the remaining blocks of the Palayam Project. In the above circumstances, the TRIDA had invited offers from professional consultancy groups with inhouse services of Architects, Planners, Engineers and Project Planners to send technical proposals showing details of the firm, experience, financial proposals showing expected consultancy charges, etc., before 4.00 p.m. on 24-12-1996. A true copy of the notice inviting consultants for the Palayam Urban Renewal Project is produced and marked as Exhibit R1(a), under which offers are invited from professional consultancy groups with inhouse services of Architects, Planners, etc. The notification was published in all leading daily newspapers and in response to the notice, ten consultants/Architectural groups offered their services for the Palayam Project. The list of consultants who had offered their services for the project is produced and marked as Ext.R1(b).

(3.) THE Government of Kerala have also accorded sanction to TRIDA to appoint M/S.V5 Design Consortium as Architectural Consultant of TRIDA for Palayam Urban Renewal Scheme on payment of a consulting fee at 2% of the estimated cost in G.O.(Rt) No. 2807/99/LAD dated 25-9-1999 of the Local Administration (G) Department (Ext.R2(a)).