CONSOLIDATORS INFORMATION SYSTEM Vs. CHAIRMAN NOIDA

JUDGEMENT

(1.) NOIDA advertised for allotment of some plots in commercial scheme in sectors no. 1, 36, 63 and 110 on the basis of sealed tenders. The applications were to be accompanied with earnest money of Rs. 15 lakhs. M/s Consolidators Information Systems Pvt. Ltd. filed tender for allotment of plot no. H-A1/45 in sector 63. M/s Rishabh Buldicon Pvt. Ltd. also gave tender for this plot. There is another plot namely plot no. H-1A/46 in Sector 63. M/s Rishabh Buldicon Pvt. Ltd. gave tender for this plot also. One M/s Vansha Industries Ltd. also gave tender for plot no. H-1A/46 sector 63. The tenders were to be opened on 15th October 2004 but this date was postponed and the tenders were opened on 26.10.2004. Plot no. H-1A/45 Sector 63 has been allotted to M/s Rishabh Buldicon Pvt. Ltd whereas plot no. H-1A/46 sector 63 has been allotted to M/s Vansha Industries Ltd. M/s Consolidators Information Systems Pvt. Ltd. filed WP No. 49105 of 2004 challenging allotment to M/s Rishabh Buldicon Pvt. Ltd. whereas M/s Rishabh Buldicon Pvt. Ltd. filed WP No. 52894 of 2004 challenging the allotment of plot no. H-1A/46 in sector 63 to M/s Vansha Industries Ltd.

(2.) We have heard Sri Ravi Kant, Senior Advocate assisted by Sri Ashok Kumar Tripathi, counsel for M/s Consolidators Information System Pvt. Ltd., Sri AB Saran, Senior Advocate assisted by Sri Vimlendu Tripathi for M/s Rishabh Buldicon Pvt. Ltd., Sri MS Vinayak and Ms. Roma Hamid for M/s Vansha Industries Ltd., the standing counsel for the State of UP, and Sri VB Upadhyay, senior Advocate assisted by Sri VP Mathur counsel for NOIDA.

(3.) In WP No. 49105 of 2004, it is not disputed that for plot no. H-1A/45 sector 63 M/s Consolidators Information Systems had given bid of Rs. 48,888/- per sq. Metre. There is dispute between the parties as to what was the bid given by M/s Rishabh Buldicon Pvt. Ltd. for this plot. According to NOIDA the bid of M/s Rishabh Buldicon Pvt. Ltd. was Rs. 49,999/- per sq. Metre whereas according to M/s Consolidators Information Systems this bid was only for Rs. 41,999/- per sq. Metre and later on some forgery was done to make it Rs. 49,999/- per sq. Metre.