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SCA/12845/2010 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12845 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE JAYANT PATEL
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
NILESHKUMAR
BABULAL MODI PROP.OF MAA KRUPA EARTH MOVERS - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 4 - Respondent(s)
=========================================================
Appearance :
MR
ZUBIN F BHARDA for
Petitioner(s) : 1,
MS MINI NAIR, AGP for Respondent(s) : 1,
MR
HS MUNSHAW for Respondent(s) : 2,
MR YM THAKKAR for Respondent(s)
: 3,
RULE SERVED BY DS for Respondent(s) : 4 - 5.
MR GM JOSHI
for Respondent(s) : 4 - 5.
MR PR NANAVATI for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 20/12/2010
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
We
have heard both the sides for final disposal.
The
petitioner by this petition has challenged the action on the part of
respondent No.4 Gram Panchayat for issuing tender vide advertisement
dated 16.09.2010, whereby the offers were invited of the parties for
excavation of the soil over the area which is marked for lake.
After
the matter was argued for sometime by both the sides, the learned
advocate appearing for both the sides are in agreement on the
following aspects:
The
work for inviting of the tender and finalisation thereof may be
assigned to the officer not below the rank of Deputy DDO who may be
marked by DDO for such purpose instead of respondent No.4 Gram
Panchayat.
The
terms and conditions of the tender/offer may be finalised by the
said officer, but he shall not include the condition of surety who
is residing in a particular area, but the said officer may be at the
liberty to substitute the condition by providing deposit or security
or bank guarantee, etc. without restricting the residence of the
persons concerned.
The
upset price may be Rs.351/- per truck plus royalty to be paid to the
Government.
It
may be kept open for the Officer to undertake the process of
negotiation inter se amongst first four highest offerers so as to
realise the maximum value of the contract.
The
aforesaid process may be completed on or before 28.02.2011.
We
may record that there are basic infirmities in certain conditions of
the contract and also in fixation of upset price if the earlier
litigation is taken into consideration and orders passed by this
Court are considered. Therefore, the aforesaid agreement as declared
before us appears to be reasonable and if such is allowed to be
implemented, the same would be in larger interest of the revenue of
the Gram Panchayat, that too under the supervision of the higher
officer of the rank of Dy. D.D.O.
Hence,
the following order:
The
work for inviting of the tender and finalisation thereof shall be
assigned to the officer not below the rank of Deputy DDO who shall
be marked by DDO for such purpose instead of respondent No.4 Gram
Panchayat.
The
terms and conditions of the tender/offer shall be finalised by the
said officer, but he shall not include the condition of surety who
is residing in a particular area, but the said officer would be at
the liberty to substitute the condition by providing deposit or
security or bank guarantee, etc. without restricting the residence
of the persons concerned.
The
upset price shall be Rs.351/- per truck plus royalty to be paid to
the Government.
It
will be open for the Officer to undertake the process of negotiation
inter se amongst first four highest offerer so as to realise the
maximum value of the contract.
The
aforesaid process shall be completed on or before 28.02.2011.
In
view of the aforesaid, the present advertisement for inviting offer
as well as tender documents submitted would not survive and the
process shall be undertaken afresh as directed hereinabove.
It
will be open to the Gram Panchayat to return the deposit of the
offerer, if any with it pursuant to the present order.
The
petition is disposed of in terms of the aforesaid direction. Rule
is made absolute accordingly. No order as to costs. D.S. to D.D.O.
(JAYANT
PATEL, J.)
(S.R.
BRAHMBHATT, J.)
*bjoy
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