OM SAI VENTURES Vs. STATE OF GOVERNMENT OF

JUDGEMENT

(1.) These two petitions filed under Articles 226 and 227 of the Constitution of India are challenging the "E" Tender notice issued by the Ahmedabad Municipal Corporation ("the respondent Corporation" for short) dated 31.12.2016 for "Door to door /gate refuse garbage collection and transportation upto Refuse Transfer Station /Dumping Site /Treatment Plant using own close body vehicles with tipping arrangement including labours in accordance with Solid Waste Management Rules, 2016 for the period of five years" for Ahmedabad city.

(2.) Though the challenge is to the same tender, the grounds on which the challenge is made by the petitioners are different. However, with consent of all, the petitions are taken up for hearing and disposal together.

(3.) The date and time for submission of online tender was 31.12.2016 to 30.01.2017 up to 18:00 hrs. and the date of submission of technical bid, tender fees, EMD and other documents in hard copy was from 02.02.2017 to 06.02.2017 up to 17:00 hrs. A corrigendum was issued wherein the dates for response to prebid queries was fixed on 28.01.2017 and the date and time of submission of online tender was 10.02.2017 up to 18:00 hrs., date of submission of technical bid, etc. in hard copy was 14.02.2017 up to 17:00 hrs. and date of opening of technical bid was 16.02.2017. The requisite details were also specified in the tender document, but are not needed to be referred to, except for the fact that area of Ahmedabad city was divided in six zones and each zone was divided in two groups and the bidder was required to place his bid in response to the tender notice issued in each group.