MOHAMMAD ATIQULLAH DAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Bids from approved and eligible contractors of CPWD and those of appropriate list of M. E. S., BSNL, Railway & State PWD (B&R) of J&K, Punjab, H. P., Haryana and U. T. Administration (Chandigarh) for the work i.e. 'repair and renovation of Tawi Hostel Mess, Guest House and C Block at NIT, Srinagar (J&K), have been invited. The estimated cost of the work was Rs. 6,50,45,547. The petitioner had submitted his bid and was found to be the single bidder. The amount tendered by the petitioner was Rs. 1,09,78,900.

(2.) The Executive Engineer, Central Division, CPWD, Srinagar recommended that the lowest tender of the petitioner may be accepted after negotiation if deemed fit. While doing so, the said Executive Engineer has mentioned that the petitioner has casted the lowest tender which is 68.79% above the estimated cost of Rs. 6,50,45,547/- and is 2.75% above the justified amount of Rs. 1,06,84,815/- but the respondent Superintending Engineer has rejected the single tender of the petitioner in view of high rates vide his letter dated 3-1-2012 and thereafter fresh bids have been invited for three works which include the work in question. Dissatisfied with the action of respondents instant petition has been filed and vide order dated 20-1-2012 status quo has been directed to be maintained till next date of hearing.

(3.) The respondents have filed their reply whereas petitioner has also filed supplementary affidavit. Keeping in view the urgency involved in the matter petition is taken up for final disposal.