ACC INDIA PRIVATE LIMITED Vs. STATE OF MAHARASHTRA, ACTING THROUGH ITS DEPARTMENT OF HOUSING AT MANTRALAYA

JUDGEMENT

(1.) Heard respective Counsel appearing for the parties. The Petitioner No.1 is a Company incorporated under the Companies Act, 1956 and a subsidiary of Petitioner No.3. The Petitioner is essentially objecting to the summary recorded by MHADA on 14.02.2018 thereby declaring selection of Respondent Nos. 3 to 5 as a successful bidder.

(2.) The present Petition relates to the global tender issued by MHADA on 03.04.2017 for the work of technical designing (structure, services + infrastructure) co-ordination and construction of rehabilitation/sale/commercial/amenities/any other structure alongwith construction of habitable temporary transit camps, work of onsite/offsite infrastructure and landscaping and performing various co-ordination activities of project and obtaining all relevant permissions and approvals from all concerned authorities, on lumpsum basis for redevelopment project of BDD Chawls on CTS Nos. 1539 and 1540 of Lower Parel Division, Worli, Mumbai. It is informed that in all four bidders submitted their E-bids online.

(3.) According to the Petitioners, since the project involves construction of 98 high rise buildings in a span of 96 months it was mandatory that the bidders meet the prescribed technical capability, and experience criteria set out in the tender documents. Out of 98 high rise buildings, 10 residential buildings of height of approximately 270 meters each are required to be constructed under the project. It is thus, the contention of the Petitioner that the requirements of having experience as prescribed in the tender document is an essential and vital condition which cannot be varied or relaxed. In order to meet the eligibility criteria, the bidder shall have experience of having constructed 3 high rise buildings of height not less than 70 meters each, out of which atleast one building should have a height of 175 meters above the ground level. In support of the satisfaction of technical capacity in raising high rise building project, a bidder shall have to tender a certificate from relevant authority (for whom the project undertaken) specifying the location of the project, technology used and occupation certificate, completion certificate from the concerned planning authority/statutory authority or physical completion by client or his architect in respect of eligible project. According to the Petitioner, the Respondent Nos. 3 to 5 have in support of their technical capacity and experience in high rise building submitted following details of various Projects :-