BISWANATH DAS Vs. CHIEF ENGINEER, WORLD BANK PROJECT

JUDGEMENT

(1.) THE notice of Expression of Interest issued by the Chief Engineer, World Bank Project, Odisha vide letter No. PMU -WB -4512010 -5189 dated 22.02.2012 under Annexure -1 for hiring of eligible Non -Governmental Organizations (NGOs) for the implementation of Social Safeguard Instruments for Jagatpur -Chandbali Road is under challenge in this Writ Petition. The case of the Petitioner -NGO, i.e., Krushi Adivasi Self -help Society (KASS) is that the Government of Orissa (GOO) through the Government of India signed a loan agreement with the International Bank for Reconstruction & Development (World Bank) amounting to US $ 250 million equivalent for implementation of Orissa State Roads Projects. For improvement, widening & strengthening of road sector, the GOO decided to implement Social Safeguard Instruments (SSIs) in Jagatpur -Chandbali Road Corridor (SH -9A -106 km) by applying a portion of the said loan. Accordingly, Opp. Party No. 1 published a notification of Expression of Interest vide letter dated 05.02.2011 (Annexure -2) for hiring of NGO for the implementation of SSIs for Jagatpur -Chandbali road. Pursuant to Annexure -2, six eligible NGOs including the present Petitioner were short listed & finally, the Petitioner was selected for submitting the Request For Proposal (in short 'RFP'). Opp. Party No. 1 under Annexure -3 asked the Petitioner to submit the RFP along with the other required documents pursuant to which the Petitioner submitted its RFP on 28.07.2011 whereafter Opp. Party No. 1 on 14.10.2011 under Annexure -4 requested the Petitioner to extend the validity of its proposal up to 27.12.2011 to enable completion of the selection process. In response to the same, the Petitioner sent confirmation letter to Opp. Party No. 1 on 23.10.2011 through email. Opp. Party No. 1 organized a pre -bid meeting on 05.07.2011 in which the Petitioner along with other NGOs were present & the discussions made in the said meeting was communicated to the Center for Management & Social Research, Hyderabad (A.P.) on 15.07.2011 through email. It is further stated that the Petitioner -NGO was previously selected for two number of packages, one at Berhampur to Taptapani & the other at Bhawanipatna to Khariar Road. The Petitioner has completed 85% of the project work & submitted its report to Opp. Party No. 1 & the authorities of World Bank issued successful & satisfactory certificate to that effect. But, Opp. Party No. 1, without intimating the Petitioner about the status of the Expression of Interest published under Annexure -2, has illegally, arbitrarily & perversely issued Annexure -1 dated 22.02.2012 for hiring of NGO for the implementation of SSIs for Jagatpur -Chandbali Road, which is impugned in the present Writ Petition.

(2.) A counter affidavit has been filed by Opp. Party No. 1 & it is stated therein that Odisha State Road Projects (OSRP) is a World Bank funded project under the Works Department of Government of Odisha. The project consists of two components, namely, (i) Road Improvement Component (improvement & widening of selected road corridors) & (ii) Institutional Strengthening Component. As per the project agreement, the implementation of Resettlement Action Plan is to be taken up by help of one Implementing NGO (INGO) & the selection of the NGO is made as per the International Bank of Reconstruction & Development (IBRD) procurement guidelines for hiring of consultants (henceforth called "the World Bank Procurement Guidelines"). By following the steps prescribed in the said guidelines, Annexure -2 was published & short listing of six NGOs was approved by the Evaluation Committee & the request for proposal were sent to the six short listed NGOs under Annexure -3. The technical proposals submitted by the NGOs were evaluated by the Evaluation Committee in its meeting held on 07.09.2011, 15.09.2011 & 31.10.2011. Out of six NGOs, only three NGOs submitted their proposals & of them only the Petitioner was qualified in the technical proposal, as a result of which the tender was reduced to a single -bid. But, the Evaluation Committee recommended to the Government to reject the single bid of the Petitioner & to allow re -bid by forming the following opinion:

(3.) IN the matters relating to tenders or award of contracts, the scope of interference in exercise of power of judicial review has been discussed by the Apex Court in Jagdish Mandal v. State of Orissa & Ors. : (2007) 14 SCC 517, which is extracted hereunder: