LAWS(GAU)-2012-9-49

CAROLINE PALA Vs. STATE OF MEGHALAYA

Decided On September 14, 2012
Caroline Pala Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) The petitioner, who was earlier awarded with the contract for construction of Meghalaya Legislative Assembly building at Shillong, by the present petition, has challenged the Expression of Interest (EOI) dated 10th December, 2010 issued by the Meghalaya Government Construction Corporation Limited (hereinafter referred to as "the Corporation") inviting prequalification bid for empanelment of contractors/firms for construction of Meghalaya Legislative Assembly building at Taraghar Complex, Shillong with a further prayer directing the respondents not to take further action pursuant to the said EOI.

(2.) The undisputed facts relevant for the purpose of disposal of the present writ petition may be noticed as under :

(3.) The petitioner has filed the present petition challenging the aforesaid EOI on the grounds that (i) the same cannot be issued during subsistence of the contract between her and the Secretary, Legislative Assembly dated 12th November, 2004 for construction of the new Assembly building at Mawdiangdiang; (ii) the stipulation in the EOI relating to the eligibility of the contractors/firms to participate in the process of empanelment is tailor made with a view to outs the petitioner from participating in the said process; and (iii) the entire exercise initiated by issuing the said EOI is against public interest, as a huge amount is sought to be spent for construction of the new Assembly building, without there being any sanction of fund by the Government before initiation of such process.