NAVAYUGA ENGINEERING COMPANY LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This petitioner seeks a writ of declaration that the action of the respondents in not prequalifying and issuing the tender schedules/documents to the petitioner as arbitrary, illegal and also violative of principles of natural justice and further for a consequential direction to supply the tender documents for the works mentioned in the pre-qualification notice published in New Indian Express news paper dated 5-8-2002 and consider the same along with other bids.

(2.) The case of the petitioner briefly is that the petitioner is a registered company under the provisions of Indian Companies Act and it is a special class civil contractor with the Government of Andhra Pradesh as well as Union of India. The petitioner specialises in construction of bridges and other similar structures apart from undertaking specialized civil engineering works. The 2nd respondent herein issued a pre-qualification notification dated 5-8-2002 published in New Indian Express news paper inviting applications by 20-8-2002 from the experienced contractors for the work of construction of Run Way, Apron, Taxi Track, Isolation Bay Over Run, and associated works at Visakhapatnam Airport for the estimated cost of Rs. 7,240 lakhs approximately and the period of completion of the work is 24 months. The said notification prescribed certain conditions for qualification for the bid which includes that the tenderer should have undertaken similar nature of works and also should have satisfactorily completed two works of Rigid Pavement of Airfield Pavement or National Highways or mass controlled concrete works of Dams, Tunnel Aqueduct, Canal, Bridge or of similar nature each of Rs. 3620 lakhs or one work of Rs. 5792 lakhs (price updated @ 10% per annum compounded) during last five years. According to the petitioner, it satisfied all the criteria and therefore, it has submitted application for supply of tender document on 14-8-2002. However, as per the communication dated 22-8-2002, the petitioner was asked to furnish the details stipulated in para 2(iii) of NIT by 28-8-2002 for further processing the petitioner's application. Therefore, the petitioner by a letter dated 24-8-2002 clarified that it has already given the details sought for along with his earlier application dated 14-8-2002. However the petitioner has furnished all those details in his letter dated 24-8-2002. Yet the 2nd respondent by another letter dated 16-9-2002 again sought for the similar details as already requested through the letter dated 22-8-2002 to be furnished by 17-9-2002 for further processing the application of the petitioner. Therefore, the petitioner had to submit a letter dated 16-9-2002 to the 2nd respondent clarifying that it has already submitted copies of the completion certificates in respect of four works which fact was already clarified in its earlier letter dated 24-8-2002. However the petitioner furnished the said details again. In spite of the same, the petitioner received a phone message once again asking for sending of completion certificates of the work of construction of High Level bridge of 1800 m length with 40 Spans of 45 m across Gowthami, Branch of River Godavari. The petitioner by its letter dated 5-11-2002 enclosed the certificate issued by the Executive Engineer (R and B) dated 2-11-2002 indicating that the date of completion of the work as 20-9-2002. However in spite of the same, no tender documents were furnished to the petitioner. The petitioner came to know on 23-11-2002 that the bid documents have already been issued to the other intending tenderers and the last date for submission of the tenders being 29-11-2002 the tenders are to be opened on the same day. Therefore, the complaint of the petitioner is that without any valid reason the petitioner is being deprived of its legitimate right in participating the bid and for no reason the bid documents are not furnished. Hence the writ petition.

(3.) This writ petition was filed on 25-11-2002. While admitting the writ petition, this court granted interim directions in WPMP No. 29164/2002 on 27-11-2002 to the following effect: "Prima facie, from the certificates issued by the Executive Engineer, NH Division, Kakinada on 30-8-2002 as well as the one dated 12-9-2002, it is evident that the petitioner had successfully completed the work of the cost of Rs.110 crores and accordingly, the petitioner satisfies the pre-qualification conditions stipulated by the 2nd respondent. Hence, there shall be an interim direction to issue tender schedule to the petitioner forthwith, receive the tender of the petitioner and to consider the same along with the other tenders."