NAYAK INFRASTRUCTURE PVT. LTD Vs. STATE OF J&K

JUDGEMENT

(1.) BLOCK Bhallesa is one of the remotest areas of Jammu Division. It is a part of District Doda having a Hilly-terrain. Because of lack of adequate road connectivity, the people of these areas must be badly suffering. The sun started smiling in land-locked area of Bhallesa when decision was taken for construction of road from Km 2nd L025 to Champal, Block Bhallesa, Package No. JK04-151, Phase VIII, Stage Ist. The road was to be constructed under "Pradhan Mantri Gram Sadak Yojana " (for short PMGSY).

(2.) FRESH notice inviting e-Tenders dated 5th September, 2012 was issued by the Chief Engineer PMGSY (JKRRDA), Jammu on behalf of the Governor of J&K State whereunder fresh e- Tenders on %age Above/Excess (+) OR %age Below/Less(-) (i.e. on Percentage-Rate Basis) were invited from approved and eligible contractors registered with J&K State Government, CPWD, Railways or equivalent and other State Governments. The Tender documents were to be submitted up to 2 PM on 19th September, 2012.

(3.) MR . Gupta, learned Senior counsel while referring to Clause 4.7 of the "Standard Bidding Documents " (for short SBD) submitted that the reasons given for rejecting the bid of the petitioner does not synchronize sub clause (ii) of Clause 4.7 of the SBD.