LAWS(GAU)-2024-12-23

KESANG WANGDI Vs. STATE OF ARUNACHAL PRADESH

Decided On December 19, 2024
Kesang Wangdi Appellant
V/S
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

(1.) Heard Mr. G. Taloh, learned counsel for the petitioner. Also heard Mr. N. Ratan, learned Additional Advocate General for the State respondents.

(2.) This petition, styled as Public Interest Litigation (PIL) is filed by the petitioner challenging the Notice Inviting Tender (NIT) dtd. 6/1/2023, vide No. EE/RWD/Lumla/NIT/PMGSY-III/41/2023-2024,-Package No.AR08/02/009, for construction of road from LT Road to Gomshing via Kungba upgradation (PMGSY-III), issued by the Executive Engineer/PIU, RWD, Lumla Division, Tawang District and the consequential award of contract, letter of acceptance and the detailed project report in respect of the said work.

(3.) It is the contention of the petitioner that the tender for construction of road from LT Road to Gomshing via Kungba upgradation (PMGSY-III) is being undertaken under PMGSY-III, although the selected road does not fulfill the eligibility criteria for selection of a road under PMGSY-III. The project is being undertaken as a Major Rural Link(MRL) road under PMGSY-III, however, if the selection of a road under PMGSY-III is based on the utility value of the eligible road computed on the basis of population served by the road and market, educational, medical and transport infrastructure facilities connected by the concerned road, then, according to the petitioner,the Gomshing village does not qualify for construction of such road even for one criteria as no people are residing nor there is any infrastructure in the said village.