ASHOK KUMAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By the instant writ petition, the petitioner is questioning the action of respondent authorities whereby respondent no. 5 was awarded a contract to run parking namely Pantdeep on government land in Haridwar measuring 94506.76 sq. m. pursuant to the tender floated on 23/2/2019 for three years and thereafter, under the garb of condition no. (1) of the tender notice, the Chief Engineer, Level-II, Irrigation Department, Haridwar, on the recommendation of the Superintendent Engineer, extended the period of parking in favour of respondent no. 5 initially, in the first phase for 400 days and thereafter, in the second phase for 229 days i.e. for total 629 days. The extension granted to respondent no. 5 is challenged by the petitioner on the ground that as per the condition of the tender notice, period of tender can extended, if parking area is declared as zero parking zone or containment zone during the Covid pandemic, but no such record is available with the respondents. In addition to this challenge, petitioner is further seeking a writ of mandamus directing the respondents to call for e-auction of the said Pantdeep parking.

(2.) The facts of the case are that initially, an auction notice was issued for Pantdeep parking for three years by auction notice dtd. 5/2/2019, pursuant to instructions issued by the Superintendent Engineer, Irrigation Department by office letter dtd. 1/2/2019, which was published in daily newspaper. However, by office memo dtd. 8/2/2019, the said auction notice was cancelled. It is contended by the petitioner that earlier, parking was allotted through tender on year to year basis for a period of one year. However, by the aforesaid e-auction notice dtd. 5/2/2019 the tender was invited for awarding the contract to run parking for three year.

(3.) It is also contended by the petitioner that by the auction notice dtd. 5/2/2019, the contractor was also required to undertake certain civil work for development of the parking area and the estimated cost of carrying development work was given as Rs.5.5 crore and since by the said auction notice, it was proposed to carry out development work of the parking area, which included civil work, therefore, a condition was stipulated that the bidder should be registered as "A" Class or higher class Contractor with Irrigation Department. It is further contended by the petitioner that as per information sought under the Right to Information Act, certificate of registration under Class "A", "B" "C" and "AA" is required only the purpose of civil construction work and for running a parking, there is no such requirement to put a condition that only bidders having registration of "AA" Class Contractor are eligible to participate.