ROYAL CONSTRUCTIONS Vs. IRCON INTERNATIONAL LTD

JUDGEMENT

(1.) BY this common judgment, I am going to dispose of both the above titled writ petitions.

(2.) SEALED open tenders were invited on two packet system on prescribed form from bonafide Kashmiri firms/companies/joint ventures in terms of tender notice -annexure -A for execution of the work, description of which is given in annexure -A. After receiving the technical and the financial bids in two envelops, the technical bids were opened on 19th of July, 2007 and the writ petitioners -firms were found to be the lowest tenderers for the two works A and B indicated in the tender notice -annexure -A and accordingly respondent No.3 vide communication -annexure B asked writ petitioners to attend the office of respondents on 2nd of August, 2007 but the respondents avoided to open the financial bid on 2nd of August, 2007 and on questioning/enquiry it was made to understand that negotiation would be held in order to bring down the rates in terms of Clause -13.0 containing in instructions to tenderer/s but came to know that fresh tender notice -annexure -C came to be issued on 21st of August 2007 relating to the same work. The writ petitioners challenge the tender notice dated 21st of August, 2007 on the ground that it has adversely affected the rights of the petitioners and their tenders came to be wrongly rejected though being the lowest tenderers. It is prayed that the impugned tender notice dated 21st of August, 2007 be quashed and the respondents be directed to allot the work in terms of the tender notice -annexure -A to the petitioner.

(3.) RESPONDENTS have resisted the petition on the ground that Kashmir Railway Project has been declared as National Project; the Qazigund -Baramulla railway line is to be completed in 2007 -08 and any delay in its completion would be against the public interest and will adversely affect the economy of the State. The writ petitions are also not maintainable on the ground that issuance of fresh NIT in respect of the work in question is purely in the public interests and came to be issued just to protect the financial interests of the railways and public exchequer. It is based on expert opinion.