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Judgment
Item No.,Subject,Council’s Decision
15 (A- 11),"T/M of sewer line in
NDMC area. SH
Rehabilitation of existing
1100-1200 mm dia sewer
line at Ashoka Road
from NirvachanSadan to
C Hexagon","After due deliberations it
:was decided by the
Council to retender the
case.
It is further resolved by
the Council that the
Department may initiate
further necessary action
in the anticipation of
confirmation of the
Minutes.
Item No.,Item No.,Council’s Decision
15 (A-11),"T/M of sewer line in
NDMC area.
S H : Rehabilitation of
existing 1100-1200 mm
dia sewer line at Ashoka
Road from
NirvachanSadan to C
Hexagon","After due deliberations
it was decided by the
Council to retender the
case.
It is further resolved by
the Council that the
Department may initiate
further necessary action
in the anticipation of
confirmation of the
Minutes.
Pertinently, even this note is also of 13.01.2021 itself. The aforesaid clearly shows that there are absolutely no reasons to be found on the",,
record as to why the tender was not awarded to the petitioner, despite the NDMC itself proposing the award of the work in its favour.",,
Secondly, what raises doubts in our mind is the fact that on the date when the petition was filed and listed, i.e.on 13.01.2021, there are",,
several file notings which refer to the decision of the Council taken as early as on 26.12.2020; however, between 26.12.2020 and",,
13.01.2021, there is nothing placed on record to say that such a decision was indeed taken by Council in its meeting on 26.12.2020.",,
We, therefore, direct the respondent to file a comprehensive affidavit in the matter, which affidavit should bring on record the express",,
reasons for cancellation, if any, as were placed before the Council. As noticed hereinabove, the decision of the Council itself is completely",,
bereft of reasons, and it may not be permissible to now offer reasons not forming the basis for the decision taken.",,
The respondent should also place on record the relevant records relating to the holding of the Council Meeting on 26.12.2020, which should",,
disclose as to how and when the said meeting was called; how notices were issued to the members of Council for holding the said meeting;,,
the complete log of all such notices and circulation of agenda of the meeting; and the relevant extracts of the minute book of the Council in,,
relation to Agenda Item No. 15 (A-11). It should be disclosed whether the meeting was held physically, or virtually and, if held physically,",,
when and where the same was held and who all attended the meeting. It should be disclosed when the decision of the Council was,,
communicated and how it was communicated. It should also be disclosed as to why the same was not communicated till 13.01.2021.,,
Mr. Grover states that the original records would be required by the respondents for filing a detailed counter affidavit. We direct the Court-,,
Master to make copies of the complete record handed over by the respondent. The copies should be arranged in the same manner in which,,
the original file is arranged. Copies shall be circulated to the Bench as well as counsel for the petitioner and thereafter, the original record",,
shall be returned to Mr. Grover by 27.01.2021.,,
Counter Affidavit be filed within two weeks. Rejoinder, if any, be filed before the next date of hearing.",,
Interim orders to continue.,,
List on 15.02.2021.†(emphasis supplied),,
In pursuance of the directions issued by us, the respondent/NDMC has placed its counter affidavit on record. The case of the respondent, as",,
emerging from its counter affidavit, is that a meeting of the Council was scheduled to be held on 01.12.2020, but was postponed to 26.12.2020 due to",,
administrative reasons. The said meeting was presided over by the Hon’ble Chief Minister of Delhi. Alongwith its counter affidavit, the",,
respondent has also placed on record the agenda as well as the minutes of the Council’s meeting held on 26.12.2020.,,
The agenda item circulated for the meeting held on 26.12.2020 placed before the Council is relevant and the same reads as follows:,,
“ITEM NO. 15 (A-11),,
Name of the subject/ Project:,,
Name of the Project: -T/M of sewer line in NDMC area. Sub-Head:- Rehabilitation of existing 1100-1200 mm dia sewer line at Ashoka Road,,
from Nirvachan Sadan to C Hexagon.,,
Name of the Department / departments concerned:,,
Civil Engineering, Public Health Circle, Sewer Maintenance Division.",,
Brief History of the subject/ Project:,,
The sewer line from Bhai Veer Singh Marg (Kali Bah Marg) is of 600-838 mm dia line which has already been rehabilitated till Nirvachan,,
Sadan in the year 2011. The same line 1100 mm 1150 mm - 1200 mm dia is continuing from Nirvachan Sadam to C-Hexagon, which is",,
approximately 1.936 km and is under consideration for rehabilitation. This line was laid around 1977 and more than 40 years old and,,
being NP2 Class RCC pipe, it has already outlived the prescribed life of about 30 years and hence getting damaged at several places as",,
had also been technically studied /examined by IIT Delhi in the year 2011 and recommended for its rehabilitation with CIPP Liner on dated,,
14.02.2011. Accordingly M/s TTI Consulting Engineers (I) Pvt. Ltd. i.e. Consultant already appointed for seeking pre and post consultancy,,
for this project has submitted the detailed estimate and draft NIT amounting, to Rs.17,44,33,872/- and Rs. 16,60,80,046/-, respectively at",,
NP-01 vide their Letter No. TT1/NDMC/EE(5P)/SBS/ 05082020a dated 05.08.2020.,,
Considering the frequent collapse of about 40 years old NP2 Class RCC sewer pipes, it was proposed by the department to get it",,
rehabilitated urgently to avoid, any further collapse or mishap. Due to emergent condition, it was approved by the Council vide Resolution",,
No.35(A-06) dt,04.08.2020 for Approval In Principle for rehabilitation work of sewer line along Ashoka Road, from Nirvachan Sadan to C",,
Hexagon, Council has approved the proposal for Rs. 20.00 crores against the aforesaid item no. for cited project and directed to call Short",,
Notice Inviting Tender, it has also decided to expedite tendering process and award of work.",,
Therefore Detailed Estimate amounting to Rs. 17,11,20,000/-and draft NIT amounting to Rs. 16,61,35,617/- has been Technically",,
Sanctioned and approved from the competent authority on dt. 20.08.2020 at NP-07. Accordingly tender, was invited through e-procurement",,
system on dt. 20.08.2020 with date of opening as 04.09.2020 at NP-08. Three bidders participated in the tender i.e. M/s Gypsum Structural,,
India Pvt. Ltd., M/s Onsite India Pvt. Ltd. and M/s Insituform Pipe; Line Rehabilitation Pvt. Ltd. Scanned tender documents of all the",,
bidders submitted to Consultant on dt. 04.09.2020 and Technical Comparative Statement was subsequently prepared and submitted by the,,
consultant. Technical Evaluation Sub- Committee was held on 07.09.2020 and 08.09.2020 & two bidder i.e. M/s Gypsum Structural India,,
Pvt. Ltd. and M/s Insituform Pipe Line Rehabilitation Pvt. Ltd. were found technically eligible for opening of financial bid at NP-15.,,
Financial bids were opened on dt. 10.09.2020 and M/s Insituform Pipe Line Rehabilitation Pvt. Ltd., emerged the lowest quoted bidder with",,
quoted rate @ 2.35% above with quoted amount as Rs.17,00,43,000/- at NP-16.",,
Justification checked by Main Planning @ 0.01& above EC i.e. Rs. 16,61,52,231/- with 5age of tendered cost over justified cost as 2.34%",,
above & case recommended for acceptance of L-1 offer @ 2.35% above (within variation of 5% over justified rates) by Main Planning on,,
dt. 25.09.2020 at NP-20. Finance had observed the case on 08.10.2020 which have been replied by the department concurred the proposal,,
on dt. 09.10.2020 with remarks “Keeping in view the position as brought out at NP-26, F.D. concurs in the proposed award to L-1 i.e.",,
M/s Instuform Pipe Line Rehabilitation Pvt. Ltd. At proposed award to tendered cost of Rs. 17,00,43,000/- which is above EC of Rs.",,
16,61,35,617/- & 2.34% above justified cost (of Rs. 16,61,52,231/-) worked out at 0.01% above ECâ€. (at NP-27)",,
Detailed Proposal of the Subject/ Project :-,,
Proposal consisting of rehabilitation of 1100-1200 mm dia sewer line of length 1936 cm by CIPP Liner Method including, site survey,",,
plugging and flow diversion, de-sitting pre-lining CCTV survey, rehabilitation of manholes, rectified settled / sunken sewer including",,
construction of manhole, testing & commissioning and restoration of road complete.",,
Financial Implication of proposed Subject/Project :-,,
The expenditure for rehabilitation of 1100-1200 mm dia sewer line is Rs. 17,00,43,000/- The expenditure will be charged to Chart of",,
Account 52-20-35-006 under T/M of sewer lines in NDMC area.,,
Implementation Schedule with timeliness for each stage including Internal processing:-,,
Detailed Estimate : Approved on 20 August 2020,,
NIT : Approved on 20 August 2020,,
Call of Tender : Called on 04 September 2020,,
Award of Work : October 2020,,
Completion Period : 6 months after award of work.,,
Final Comments of the Finance Department on the Subject with diary no. & date:-,,
The Finance Dept.vide diary No.2289/Finance, dt. 09.10.2020 concurred with the proposed award in r/o execution of subject work to L-1",,
agency, i.e., M/s Insituform Pipe Line Rehabilitation Pvt. Ltd. at their quoted rates of Rs. 17,00,43,000/- which is 2.35% above the estimated",,
cost of Rs. 16,61,35,617/- and 2.34% above the justified cost of Rs. 16,61,52,231/- worked out at 0.01% aboce estimated cost. The",,
department may submit the proposal for consideration of competent authority i.e. Council and further details of the Finance concurrence,,
placed at Annexure-A (See pages 83-85).,,
Legal Implication of the subject/ project:-,,
NIL,,
Details of previous Council Resolutions, Existing law of Parliament and Assembly on the subject:-",,
Administrative approval and expenditure sanction for Rs. 20 Crores was accorded by the council vide Resolution No. 35(A-06) dated,,
04.08.2020 and subsequently Detailed Estimate amounting to Rs.17,11,20,000/- technically sanctioned on dt. 20.08.2020.",,
Final Comments of the Law Department on the subject/project:-,,
No legal issue involved in the agenda item as such no comments.,,
Certification by the department that all central vigilance commissions (CVC) guidelines have been followed while processing the case.,,
It is certified that all the CVC guidelines have been followed while processing the case.,,
Recommendations:-,,
The case is placed before the Council for the consideration and accord of approval of tender of M/s Insituform Pipe Line Rehabilitation,,
Pvt. Ltd for an amount of Rs.17,00,43,000/- for the work of rehabilitation of existing 1100-1200mm dia sewerline at Ashoka Road from",,
Nirvachan Sadan to C Hexagon with the provision to award the work in anticipation of confirmation of minutes by the Council.,,
Draft Resolution,,
Resolved by the Council for accord of approval of tender of M/s Insituform Pipe Line Rehabilitation Pvt. Ltd for an amount of,,
Rs.17,00,43,000/- for the work of rehabilitation of existing 1100-1200 mm dia sewer line at Ashoka Road from Nirvachan Sadan to C-",,
Hexagon by adopting CIPP (Cured in Place Pipe) technology. It is further resolved by the Council that the department may initiate further,,
necessary action in anticipation of confirmation of the Minutes of the Council.†(emphasis supplied),,
The relevant extract of the minutes recorded in relation to the said NIT reads as follows:,,
“COUNCIL SECRETARIAT,,
PALIKA KENDRA : NEW DELHI,,
MINUTES OF The COUNCIL'S MEETING NO. 03/2020-01 HELD ON 26.12.2020 AT ll-OQ A.M.,,
IN THE COUNCIL ROOM. PALIKA KENDRA. NEW DELHI,,
MEETING NO. : 03/2020-21,,
DATE : 26.12.2020 (SATURDAY) .,,
ITEM NO.,SUBJECT,DECISION
15 (A-11),"T/M of sewer line in
NDMC area.
S H: Rehabilitation, of
existing 1100-1200 mm
dia sewer line at
Ashoka Road from
Nirvachan Sadah to C
Hexagon.","After duedeliberations it
was decided ,by ""the
Council to retender the
case.
It is further resolved by the
Council that the
Department may initiate
further necessary action in
anticipation of
confirmation of the
Minutes.
consequently, liable to be quashed and the same are, hereby, quashed. We, however, leave it open to the respondent to take further decision in the",,
matter in accordance with law.,,
The petition stands disposed of in the above terms.,,