LAWS(BOM)-2024-2-187

BHUPENDRA GOVINDRAO JADHAV Vs. STATE OF MAHARASHTRA

Decided On February 28, 2024
Bhupendra Govindrao Jadhav Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned Advocates for the parties finally, by consent.

(2.) Present petition has been filed for following reliefs :

(3.) The facts giving rise to the petition are that the petitioner has participated in relation to the Short Period E-tender notice bearing E-tender notice Nos.17, 18 and 22. However, the authorities have made departure with the mandate of Rate Analysis in the process of determining the Approximate value of works without undertaking the rate analysis and addition of 10% on basic rate as is contemplated in State Scheduled Rates (SSR). The petitioner states that the Government Resolution dtd. 18/1/2010 has issued various directions in respect of Hilly Area Development Programme in identified Hilly Areas. It includes the Tahsil Shirpur and Sakri of revenue district Dhule. The entire cluster of these two tahsils are included in hilly areas as per the said resolution. SSR was made applicable to the areas such as Corporate areas, Municipal Council areas, Sugarcane Factory areas, notified areas, hilly areas as indicated. After notification under those categories an increase by 10% in rates upon rate analysis was the consequence. The instructions indicated that it is for the Superintending Engineer to decide the necessary increase in the percentage in rate corresponding to the specific area. The instructions have been issued by corrigendum dtd. 30/11/2019, wherein it is stated that the approved instructions by the competent authorities are to be implemented. Objection was raised by the petitioner. The respondent authority put forth the clarification as notice inviting tender. The corrigendum dtd. 30/11/2019 obligates to comply with the instructions approved by the authorities, if required may be by postponing the tender process. The petitioner had raised the said objection in pre-tender conference on 4/9/2023 and on 7/9/2023 a comprehensive objection was raised. The tendering authority, however, is adamant in not to interpret the condition of SSR as a tender condition, but reiterates the departure by them from the Government Resolution. Hence, the petition.