GIRIRAJ EDUCATIONAL SOCIETY Vs. INDORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India challenging the action of the respondents No.1 and 2 in deciding to accept the tender of the third respondent regarding allotment of a plot reserved for educational purpose, ad-measuring 28,610 sq. meter situated at Sector-F of Scheme No.94, Indore.

(2.) Briefly stated on 15.10.2007, the Indore Development Authority (for short, the IDA) floated a tender inviting bids for allotment of the aforesaid plot. In all, three tenders were received, which were of the petitioner, the third respondent and one another.

(3.) According to the petitioner, it had submitted the bid, quoting highest rates of Rs.8,250/- per sq. meter, as compared to other two bidders. However, the petitioner was not declared successful bidder but the third respondent, who had quoted lower rate of Rs.7,676/- per sq. meter was declared to be a successful bidder. It is also the case of the petitioner that the third respondent was favoured by the officers of the IDA and their decision to accept its bid is based upon mala fides. It is also the case of the petitioner that in order to ensure the acceptance of the bid of the third respondent, in the petitioner's bid document, the officers of the IDA had put whitener and changed the price quoted by the petitioner and made it to Rs.7,359.04/- per sq. meter, instead of Rs.8,250/- per sq. meter quoted by it.