Vichitra Construction Pvt. Ltd. vs Delhi Jal Board And Anr.
2002 Latest Caselaw 568 Del

JUDGMENT

Manmohan Sarin, J.

1. The petitioner has filed the present writ petition seeking a direction to the respondents to issue tender forms with regard to laying down of 600 MM dia MS Pipes NIT No. 48 by trenchless technology. The petition had come before the court on 9.4.2002. Notice had been issued to the respondents for 24.5.2002. The petitioner's submission was that it was fully eligible as per tender conditions set out at page 16 of the paper book and entitled to be issued the tender especially when he was produced the requisite documents as per the letter page 54 of paper book. The respondents, however, unreasonably with-held issuing of the tender forms. An interim direction was given when none appeared on behalf of the Delhi Jal Board on 9.4.2002, despite advance copy having been served and after the matter had been called out the second time, for issuance of tender forms to the petitioner. It was further directed that respondent was at liberty to process the tender in accordance with the tender conditions and determine the eligibility of the petitioner.

2. The respondents did not issue the tender, which led the petitioner to file C.M.No. 3963/2002 to issue tender forms even on 11.4.2002 and application was adjourned for today.

3. Ms. Geeta Mitta, nominated counsel of the respondents has appeared along with Mr. Mohd. Ahmed, Executive Engineer, handling the current work with the record. Counsel for both parties are present and with their consent writ petition itself is taken up for disposal.

4. Counsel for the respondent submits that the petitioner does not possess the requisite experience for execution of the work by trenchless technology and he lacks the technical know haw and the equipment for the same.

5. Petitioner thus does not meet the eligibility criterion. The work in question involves rectification of settled sewer of 600 MM dia MS by laying down fresh sewer lines horizontally at Mahduban Chowk, Vikas Marg in Shahdara. Counsel submits that this work would entail laying down of the sewer lines under the sub soil water. Counsel for the respondent submits that the work would involve clamping the existing sewer lines and laying down the sewer lines at higher depth by trenchless technology. It is stated that the sub soil water is at a minimum depth of 12ft and the work is to be carried out about 18 ft. depth. It is stated that details of experience furnished by the petitioner do not make him eligible for carrying out such works. The petitioner has had the experience only of laying down the cables for MTNL, which are at a mere depth of 4 to 7 ft. and not below the sub soil water. Learned counsel for the petitioner submitted that the petitioner had been awarded work by the Civil Lines Zones itself. Learned counsel for respondent has clarified that laying down of water lines, which are merely at a depth of 4ft. or to is different. The determination of the technical feasibility and experience of a particular party to carry out the work, is best left to Experts and the court in normal circumstances unless it is shown that the action is either wholly arbitrary or perverse or vitiated by mala file does not interfere with the same. No such case is made out.

Writ petition is dismissed and C.M. Nos. 3903/2002 & 3963/2000 are dismissed.