STATE OF TAMIL NADU Vs. M. KANDAN

JUDGEMENT

(1.) The State is in appeal against an order of March 6, 2019 by which the entire work relating to the de-silting of the Sathyamoorthy Sagar Reservoir, Poondi in Tiruvallur taluk and district has been stalled.

(2.) The appellants contend that there were four grounds which were raised by the writ petitioner, the respondent herein, that weighed with the learned Single Judge. The writ petitioner questioned the propriety of the tender process on the ground that no advertisement pertaining thereto was published in the trade journal in accordance with the requirement of the Tamil Nadu Transparency in Tenders Act, 1998 and the 2000 Rules framed thereunder. The writ petitioner had also complained of the shortness of time given to receive bids. The writ petitioner had pointed out that the tender documents ought to have been made available free of cost, but a fee of Rs.500/- per set was levied. The writ petitioner had also referred to an order of the National Green Tribunal to the effect that such a project would require environmental clearance, but it was not evident from the tender documents or elsewhere that any environmental clearance was obtained by the State before inviting offers to undertake the work.

(3.) As to the advertisement to be published in the trade journal in terms of Rule 11 of the Tamil Nadu Transparency in Tenders Rules, 2000, the appellants point out that the publication has been made mandatory in cases where the value of the procurement exceeds Rs.74 crore. It is the appellants' case that nothing was to be procured in respect of the relevant project and there really was no project cost. According to the appellants, a minimum base price was indicated which would have to be paid by the contractor to remove every cubic metre of silt from the reservoir.