LAWS(MPH)-2011-5-8

MURTAZA MALIK Vs. INDORE DEVELOPMENT AUTHORITY

Decided On May 05, 2011
MURTAZA S/O SIRAJUDDIN MALIK Appellant
V/S
INDORE DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) This order disposes of Writ Petition No. 7250/2008, Writ Petition No. 7251/2008, Writ Petition No. 5951/2010, Writ Petition No. 5948/2010, Writ Petition No. 6899/2009 and Writ Petition No. 8506/2009, since they involve a common question of law.

(2.) Briefly stated facts are that Indore Development Authority (hereinafter referred to as IDA, for brevity) issued different advertisements for inviting tenders for various plots situated at different sites in the city of Indore on the price higher than the minimum rate mentioned in the advertisement. Short particulars with relation to concerned writ petitions are given below :- <FRM>JUDGEMENT_13_MPWN3_2011.htm</FRM>

(3.) Admittedly, the rate offered by the petitioners' in respect of respective plots was the highest in respect of their category. IDA, instead of accepting the tender, issued letters to the petitioners in the nature of counter offer, intimating thereby that the Board of IDA has decided to give the aforesaid plot at the rate quoted above in column No. 7. The petitioners did not accept the offer. Instead, they submitted objections that no opportunity or hearing was granted to them before issuance of the offer letter and further before increasing minimum rate mentioned in the advertisement. Objections of the petitioners have been rejected. Hence, the petitions for quashing of counter offer letter as well as the letter of rejection with a further prayer to direct the respondent-ID A to allot respective plot to the petitioners on the price quoted by them in the tender. The petition is based mainly on the ground that the rate offered by the petitioners, being the highest amongst the tenderers of a particular category, their tenders ought to have been accepted. Further, the IDA has no right or power to reject the tenders of the petitioners and issue offer letters at a higher rate than the rate quoted by the petitioners because the same was admittedly above the minimum rate mentioned in the advertisement. It is further submitted that the IDA is bound by the terms and conditions contained in the advertisement and a strict adherence to the terms and conditions contained in the tender is required to be observed.