NAGA CONSTRUCTION Vs. EAST WEST CONSTRUCTION

JUDGEMENT

(1.) The nub of the issue for adjudication is whether the Chief Engineer, Public Works Department (Housing), Nagaland, Kohima could have approved the rate quoted by the appellant pursuant to Notice Inviting Tender dated 13.03.2015 and direct that work order be issued to the appellant. Additionally, whether the learned Single Judge could have directed issuance of work order to the respondent no.1/writ petitioner consequent upon the setting aside of the Chief Engineer's approval made in favour of the appellant.

(2.) Heard Mr. D.K. Mishra, learned Senior Counsel for the appellant, assisted by Mr. B. Prasad, Advocate, Mr. S. Dutta, learned Senior Counsel representing respondent no. 1 and Ms. M. Kechii, learned Government Advocate, Nagaland for the respondent nos. 2 to 7. Ms. Kechii have also produced the records in original. The present writ appeal by M/S Naga Construction is directed against the judgment and order dated 10.04.2017 passed in WP(C) 28(K) of 2016.

(3.) Facts essentially to be noticed are that a Notice Inviting Tender dated 13.03.2015 was issued from the Office of the Commissioner, Nagaland, Kohima under the hand of the Executive Engineer (CAWD) inviting bids for construction of the Deputy Commissioner's Office Complex at Zunheboto, Nagaland. The estimated cost of construction was fixed at Rs.10,25,42,000.00 with time of completion at 36 months. It was a two-bid tender system consisting of the techno-commercial bid, followed by the financial bid. As many as five parties, including the appellant M/S Naga Construction and the respondent no. 1 i.e. M/S East West Construction, responded to the NIT, out of which three bidders were found technically responsive on 29.04.2015. One Chabou and Company, Kohima was disqualified while another M/S Multi Builders, Dimapur had withdrawn its bid. As per the Technical Bid Capacity Evaluation, respective marks were awarded to the parties who were otherwise declared technically qualified, in that, whereas M/S Naga Construction was awarded 55.00 marks, M/S East West Construction was given 87.50 marks. The third technically responsive party i.e. Jordan Construction was awarded 49.00 marks. The financial bid of the three bidders above was opened on 8.5.2015. In so far as the appellant and the respondent No. 1 are concerned, both had quoted rate as per Nagaland Public Works Department Schedule of Rates (SoR), 2013.