N DOLENDRA PRASAD Vs. GOVERMENT OF A P

JUDGEMENT

(1.) Petitioner, an Editor of Telugu News Weekly "Zamin Ryot" has filed this petition in Public Interest, alleging infirmities, irregularities and illegalities alleged to have been committed by respondents 1 and 2 in adopting a new procedure for short-listing Pre-qualified Contractors for entrusting the work of completing the on-going Water Resource for Irrigation Development Projects and such other like projects to be undertaken by the State Government. Challenge is also to the short-listing of nine Contractors (respondents 3 to 11), as arbitrary.

(2.) Petitioner claims that the News Weekly "Zamin Ryot" was established in 1930 and is the oldest Telugu News Weekly having wide circulation throughout the State of Andhra Pradesh and it has always focussed on various issues relating to the problems of farmers in the State and has been striving for various agrarian reforms. It has been at the forefront of seeking implementation of land reforms and had also fought against the Zamindari System. The News Weekly has also sought to present various other problems and issues concerning the farmer community and others and has been striving to bring various issues to the notice of the concerned Governments. In this connection, the petitioner thought it fit to invoke the extraordinary jurisdiction of the Court in highlighting the alleged irregular mode adopted in resorting to short-list the prequalified Contractors for completing irrigation projects, which, according to the petitioner, is detrimental to the interests of the State and the farmers in the long run.

(3.) The facts-in-brief as highlighted by the parties are that soon after the present Government took over, a decision was taken for giving top priority to the Irrigation Projects, keeping in view the chronic drought conditions prevailing in the State resulting in large-scale suicides by farmers and for optimum utilization of available water resources. In order to achieve that objective, the Government decided to complete the ongoing Irrigation Projects within a period of two years and to complete the remaining Major Projects in the next five years. The primary aim being to,solve the water problem in the State and to improve irrigation potential. Thus, it was decided to empanel agencies to execute the projects possessing the pre-qualified criterion. Accordingly, on 27-6-2004, a Tender Notice was published in the newspapers inviting offers for selection as pre-qualified tenderers for entrustment of Water Resource Development Projects. The said notice specified that the Government of Andhra Pradesh had proposed to complete all the important Projects in progress and also to take a number of new projects and to complete the same within a period of five years to augment the irrigation potential. The main component of the Projects were identified as the Earth Dams, Spillway Structures, Concrete/Masonary, Nonoverflow Dams, Lift Irrigation Dams and Canal system. The tender notice specified that the works would be divided into suitably large convenient packages and bids would be invited for Engineering Procurement Constructions (EPE) on turn-key system (including investigation, design, preparation of construction drawings, cost estimates, construction, maintenance and operation of the same etc.) only from pre-qualified bidders.