MATLEB ALI Vs. GUWAHATI MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard Mr. K.P.Pathak, learned counsel for the petitioner and also Dr. BP Todi, learned standing counsel for the Gauhati Municipal Corporation. Also heard Mr. C. Baruah, learned counsel for the respondent No. 4.

(2.) This is a second round of litigation. The dispute centres around the settlement of Khanamukh Check Gate by the Gauhati Municipal Corporation. The petitioner had earlier filed WP(C) No. 2681/2002 challenging the settlement process initiated. This Court disposed of the aforesaid writ petition by the Judgment and order dated 31.5.2002 directing the respondent Corporation to complete the process of settlement in terms of the policy decision regarding rates and other terms and conditions. Thereafter, the respondent authorities passed the impugned order dated 3.6.2002 whereby the Khanamukh Check Gate has been settled with the private respondent No.4. The petitioner has challenged the order of settlement in this petition. The petitioner has quoted Rs.82,36,649/- which is 12.5% above the estimated value and in his opinion, as per terms and conditions of the NIT, the corporation ought to have settled the Check Gate with him,and certainly not with the respondent No. 4.

(3.) Petitioner's grievance is that the Corporation ought to have embarked upon the exercise of working out the viable rate after receipt of tender papers and settle the Check Gate with the respondent No. 4 at his quoted value of Rs.84,21,492/- which is 15.2% above the estimated value (Para -14 of the writ petition). The value has been adjusted at Rs.69,44,973/- because of delay in issuing the order of settlement.