LAXMI DATT BINWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By notice Reference No. 633/11-02(xiv)ITCO/URRDA /17 dtd. 8/6/2018 issued by the Chief Engineer, Uttarakhand Rural Road Development Agency, it had invited tenders for undertaking the bidding process for the various works as covered in the tender notice. As far as the present writ petition is concerned, the same is related to the lying down of the road under the Prime Minister Gramin Sadak Yojana. The road in question, which was thus to be laid out and at the time of the consideration of the bid process was for the work Taka Khandak to Balatari road Stage-1 work, the total cost of the work as per the tender notice was Rs.753.65 lakhs with a maintenance cost of Rs.45.80 lakhs and with a total cost of Rs.799.45 lakhs.

(2.) In the bid process a twin bid system was to be adopted. As per clause 1.3.3, which is quoted hereunder, it stipulated that the prospective bidder had to provide and enclose the certificates from the Engineer Incharge pertaining to the existing commitments and the ongoing construction works in which the bidder is already engaged. The provisions of clause 1.3.3 reads as under:

(3.) The reference to clause 1.3.3 at this stage would be essential and relevant for the purposes of the format, which dealt with the necessary information, which was mandatorily required to be supplied by the bidder for the purposes of deciding the case. In the format as many as eight columns have been provided dealing with different information, which was to be supplied by the contractor while submitting his tender.