B.L. Mehta vs Chandigarh Housing Board and Others

Adarsh Kumar Goel, J.

1 This petition seeks quashing of order dated 3.11.2010, Annexure P-5, rejecting the technical bid of the Petitioner for construction of 388 Two Bed Room flats for the Chandigarh Housing Board, as per notice inviting tenders dated 5.5.2010.

Case of the Petitioner is that it was fully eligible and qualified for consideration for the tenders but its technical bid was rejected even though the rates quoted by it were lowest. The difference between the bid of the Petitioner and Respondent No. 5 was of Rs. 32 lacs approximately.

In the reply filed on behalf of the Chandigarh Housing Board, stand taken is that the Petitioner was not eligible, having not executed the requisite work of construction of four storeyed buildings.

Learned Counsel for the Petitioner submits that the work executed by it was similar work, even if it was not of construction of four storeyed buildings and the view taken by the Executive Engineer was perverse and arbitrary. Learned Counsel for the Respondents supports the impugned order.

We have heard learned Counsel for the parties.

Without expressing any opinion on merits, we are of the view that instead of matter being gone into in these proceedings, the plea of the Petitioner has to be considered by some higher authority of the Chandigarh House Board in the first instance.

Accordingly, we dispose of this petition with a direction that the Chairman, Chandigarh Housing Board may give hearing to the Petitioner and take an appropriate decision in the matter in accordance with law.

The Petitioner may appear before the said authority on 29.11.2010 at 11-00 A.M. or on such date as may be fixed by the said authority.