TRANS POWER PVT LTD Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr U. Bhuyan, learned counsel for the petitioners and Mr U.B. Saha, learned Government Advocate assisted by Mr D.C. Nath, learned counsel for the respondents.

(2.) With he consent of the parties, the writ petition is finally disposed of.

(3.) The respondent Chief Engineer (Power Project), Department of Power, Government of Tripura,, Agartala invited rate tender for completion of the work related to supply, erection and commissioning of 132 KV single circuit transmission line of Steel Towers etc. form 79 Tilla (Agartala) to Udaipur. Undisputedly in compliance with the said invitation the petitioner submitted tender. The petitioner submitted his own drawing and design as per the tender specification. The petitioner offered the same sets of rates, arriving at two total amount-one as per the tender specification and the other as per its own desigp. According to the petitioner the new design submitted by the petitioner would entail saving of Rs.43 to 44 lakhs. Learned counsel for the petitioner' urged that the petitioner desires that his own design may be fairly considered by the respondent department. By order dated 27th August, 1999 the Power Committee of the respondent has rejected the petitioner's tender. Learned counsel for the petitioner farther contended that Section 2 of the Notice of Inviting Tender (NIT) is mandatory, the petitioner has submitted design and made compliance with the said provision. The action of the respondents in refusing to consider the new design submitted by the petitioner does not satisfy the test of reasonableness and public interest. Learned counsel for the petitioner relied upon the decisions of the Hon'ble Supreme Court in AIR 1979 SC 1628 para 21 (Ramana Dayaram Shetty-Vs-The International Airport Authority of India & others), AIR 1980 SC 1992 para 11 (M/s. Kasturilal Lakshmi Reddy etc.-vs-The State of Jammu & Kashmir and another), AIR 1985 SC 1147 para 12 and 14 (Ram and Shyam Company-Vs-State of Haryana and others), AIR 1999 SC 393 para 19 (Raunaq International Ltd.-Vs-I.V.R. Construction Limited and others) and P992(2) GLR 43 (Thermax Ltd. & another-Va-North Eastern Electric Power Corporation Ltd. & others).