IN THE HIGH COURT OF NAINITAL AT UTTARAKHAND

(CIVIL ORIGINAL JURISDICTION)

Writ Petition (Civil) No. .................... Of 2020

In the matter of Public Interest Litigation:

Millennium Builders … Petitione
rs
Versus

Uttarakhand Rural road development agency … Responden

(URRDA) ts

A WRIT PETITION IN PUBLIC INTEREST UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA .

To,
THE HON’BLE CHIEF JUSTICE OF NAINITAL AND HIS COMPANION JUDGES
OF
THE HON’BLE HIGH COURT OF NAINITAL, AT UTTARAKHAND

The Humble Petition of

the Petitioner above-named
MOST RESPECTFULLY SHOWETH: -

1. That the petitioners are filing the instant writ petition in public interest.

The petitioners have no personal interest in the litigation and the petition

is not guided by self-gain or for gain of any other person / institution /

body and that there is no motive other than of public interest in filing the

writ petition.

2. That the petitioners have based the instant writ petition from authentic
information and documents made available through publically available
documents, either obtained through RTI or from the websites of the
uttarakhand rural road development agency (URRDA).

3. That the petition, if allowed, would benefit the citizens of this country

generally as rule of law is essential for democracy and such brazen

violation of law by major state government agency is to the detriment to

citizens as a whole. Hence the petitioners herein are preferring this PIL.
 4. The affected parties by the orders sought in the writ petition would be the

Uttarakhand Rural road development agency (URRDA) who have been made

as a Respondent. To the best of the knowledge of the petitioners, no other

persons / bodies / institutions are likely to be affected by the orders sought in

the writ petition.

THE CASE IN BRIEF

A. We are compelled to approach this Hon’ble court in regard to the tender

invited by the Chief Engineer, URRDA ( Uttarakhand) on behalf of the

governor Uttarakhand.

B. The e- procurement notice was published on 28-11-2019 and the deadline

date and time for submission specified being as 06-01-2020 up to 1.00PM,

Under NIT Reference No. -2199/II-02(xiv)/ITCO/URRDA/19 Dated on

28/11/2019 for name of the work- Construction and five year maintenance of

Kathpuriyachina-Seraghat to Nayalmafi Motor Road Stage-I&II Package

No- UT-02-114/XIX(WB) District BAGESHWAR Tender ID-

2019_CCUK_85161_1, for which total eight bidders has submitted their bids

amongst which seven bidders were rejected and only bid of bidder M/s Doon

Associate was found to be eligible by the evaluating committee.

C. The applicant bid was rejected by Technical committee on evaluation

reason being “all the affidavit uploaded are not correct ‘’and same was

published on 07/02/2020 and against which a complaint was filed by

applicant on 07/02/2020 to the respondent to which the reply of all the

objections was received as “ not applicable “ on 15/04/2020 by the applicant.

D. The Applicant which has made several objections as to the qualifications of

the M/s Doon Associate which was found to be qualified by the Evaluation

Committee. The applicant bid was rejected on the basis of not correct format
 while same has been overlooked by the committee in the documents of M/s

Doon Associates .

GROUNDS:

1. Clause 4.1 Annexure ITB (Instructions to bidders) of MBD page 44

Clause 4.1 In addition to clause 4.1 of ITB, Following Document are to be

observed by the bidder.

(a) Documents being submitted by the bidders in the bid should be properly

indexed with proper paging of documents.

The bidder has failed to observe the proper order and no description of the

documents in the page 5 to 7 of the document as to what they are.

2. Page 36 of MBD mentions “The information required from bidders in

Clause 4.2 is modified as follows: In reference to the 4.2(b), Turn Over
certificate (Monetary Value) of civil construction work and in reference
to 4.2(f), documents related to financial standing of bidder i.e. Profit &
Loss Account, Balance Sheet, ITR etc. for last three years are
mandatory to be submitted for qualification. However, bidders
submitting documents for last five year's period and if they are eligible
on the basis of these documents related to last fourth or fifth year,
shall be considered for qualification”

ITR uploaded by the M/s Doon Associates not readable, on what basis

considered by the committee to be eligible and correct when they are not

even readable and clear

3. Authority to seek references from the Bidder's bankers uploaded by the M/s
Doon Associates ( Page 163 of Bid) made to the wrong address of the
Employer as mentioned in page 39 of MBD

4. Page 40 of MBD mentions “ Fixed Deposit Receipt or Demand Draft must

be drawn In favour of EE PMGSY I.D. Bageshwar No other forms of bid
security are acceptable.”
FDR issued by the M/s Doon Associates drawn in favour of EE PMGSY

Bageshwar. When the instructions given are clear, mandatory and strictly to

be followed, However it has come to shock us as how employer had been

 reluctant to overlook the clear instructions which they are bound by even

after giving notice of by the applicant.

5. Clause 4.7 Page 19 of MBD mentions “ Even though the bidders meet
the above qualifying criteria, they are subject to be disqualified if they
have:
(i) made misleading or false representations in the forms,
statements, affidavits and attachments submitted in proof of the
qualification requirements;”
M/s Doon Associates has intentionally concealed the ongoing work of L 028-

Lasi to Sartoli MR L022- Gdora to Chautuli Kiruli MR L027 Meen Gudra to

Dangtoli L037 Toli to Kalyani Talli MR., Which is been ongoing by M/s Doon

Associates and thus has clearly mislead the Employer and Employer is

bound to be disqualify the M/s Doon Associates, However it has come to

shock us as how employer had been reluctant to overlook the fact that it has

been intentionally misled by the M/s Doon Associated

Thus the applicant claims that improper, biased process has been followed by the

Committee and we challenge the assessment of the evaluation of the bid by

committee leading to Undue and unreasonable attempt made by the Evaluation

committee to award the tender in favour of M/s Doon associates.

PRAYERS:

In view of the facts & circumstances stated above, it is prayed that this Hon’ble

Court in public interest may be pleased to: -

1. The applicant hereby approach this court under Article 14, Article 19 and

under Article 226 of the Constitution of India, 1949 request this Hon’ble court

to grant stay order or may pass any other necessary order .

2. Issue such other writ, direction or order, which this Hon’ble court may deem

fit and proper under the facts and circumstances of the case.

UTTARAKHAND

DATED:

PETITIONER

Millennium Builders