VE COMMERCIAL VEHICLES LTD. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs:

(2.) The following facts emerge from the record of the petition.

(3.) The ST Corporation has also filed an affidavit in reply dated 24.11.2020. It is contended by the ST Corporation that it is State Road Transport Corporation duly constituted under the Road Transport Act, 1950 and is under administrative control and supervision of the Government of Gujarat. It is submitted by ST Corporation that as per its policy in all 1239 buses with built-up of 10 meter long chassis are required to be scrapped and therefore, a decision is taken to purchase 1000 Bus Chassis having length of 10 meter to replace the outgoing Buses to see that the inconvenience and hardship is not caused to the public at large. It is contended by ST Corporation that w.e.f 1.4.2020 emission norms came to be changed and accordingly respondent no.2 was required to purchase only the vehicle having BSVI emission norms. It is contended by the ST Corporation that Government of Gujarat has sanctioned an amount of Rs.387 crores for purchase of 1000 new bus chassis having length of 10 meters vide order dated 16.7.2020. The respondent has further stated that TATA Motors Ltd, Ashok Leyland Ltd and the petitioner are the manufacturers of Chassis having length of 10 meters as well as 12 meters and respondent no.2 has stated that prior to 2010-11 only two manufacturer of such Chassis were there. The respondent no.2 has also further contended that emission norms have been changed from time to time during the last 10 years from BS II to BS VI. The ST Corporation has further submitted that petitioner was manufacturing bus chassis having length of 10 meters till 2019-20 as per the emission norms with 6 Cylinders Engine and has now stopped manufacturing bus chassis having 6 Cylinders Engine on introduction of BSVI norms w.e.f 1.4.2020 and the petitioner is now manufacturing only 4 Cylinders Bus Chassis having length of 10 meters. It is also contended by the ST Corporation that during the last 10 years, the petitioner has either not participated in tender process and / or has quoted much higher price resulting into non acceptance of tender. The respondent no.2 has also relied upon the chart of the same. According to the respondent no.2, Transport Corporation has never purchased Bus Chassis having length of 10 meters with 4 Cylinders Engine. It is also contended that in all 73 State Road Transport Corporations in the country bus chassis having length of 10 meters with 6 Cylinder Engines only have been purchased. The respondent no.2 has further submitted that only three manufacturer of bus chassis having 10 meters with BSVI emission norms are there in the country as under: