Man Singh vs The Commissioner, North ...
2013 Latest Caselaw 549 Del

$~ 53
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+    W.P.(C) 705/2013

%                                                  Judgment dated 05.02.2013

     MAN SINGH                                              ..... Petitioner
             Through:            Mr.Kedar Yadav and Mr.M.Gupta, Advs

                        versus

     THE COMMISSIONER, NORTH MUNICIPAL
     CORPORATION OF DELHI                    ..... Respondent
             Through: Mr.Sanjeev Sabharwal and Mr.H. Kumar,
                       Advocates

     CORAM:
     HON'BLE MR. JUSTICE G.S.SISTANI

G.S.SISTANI, J. (ORAL)

1. In this case MCD issued notice inviting tender on 21.12.2011 for allotment of a parking site near Police Post, ISBT Metro Rail, Police Station Parking in Civil Line Zone, Delhi; for allotment of sites for Ex- serviceman on contract basis. The petitioner, who is an ex-serviceman also applied for the allotment of the aforesaid site, however, the site was awarded to the highest bidder, namely, Sh.Sunder Shyam, ex-serviceman. The petitioner was the second highest bidder.

2. Counsel for the petitioner submits that on account of a complaint filed against that Sh.Sunder Shyam, the final allotment was not made in his favour and thus, a direction is sought by the petitioner to the respondent to make allotment of the parking site in favour of the petitioner, being the second highest bidder. Counsel for the petitioner also submits that

petitioner has made a representation, however, no reply has been received till date.

3. Counsel for the respondent enters appearance on an advance copy and on instructions and on the basis of the original record available with him, submits that Sh.Sunder Shyam, was the highest bidder and an offer letter was issued to him, but subsequently the said allotment was cancelled on 12.12.2012 on the ground that he had breached certain terms and conditions of the Notice Inviting Tender.

4. While relying on the policy of the MCD and more particularly clause 31

(c) of the Terms and Conditions for Allotment of MCD Authorized Parking Sites on Monthly License Fee Basis to Ex-servicemen, counsel for the respondent submits that in case of surrender of a licence/ cancellation of any tender for any reason, the site is to be re-tendered. The relevant clause is reproduced below:

"31(c). In case of surrender of the licence/ cancellation of any tender for any reason, the site will be re-tendered."

5. Counsel for the respondent submits that even otherwise, the petitioner has also withdrawn his earnest money and thus the entire procedure will have to re-start. Counsel further submits that a request of the petitioner made for allotment of the tender has already been rejected on 12.12.2012.

6. The original file has been produced by counsel for the respondent. The relevant noting reads as under:

""Now Sh.Mann Singh, Ex-Serviceman has submitted a letter regarding allotment of the parking site in question, he has stated that H-1 Sh.Sunder Shyam breaches the terms and conditions and he has failed to take over the possession so he is the H-1 and possession of this parking site is given to him. As clause 31(c) of

terms and condition "In case of surrender of the licence / cancellation of any tender for any reason the site will be re- tendered."

In view of above facts the file may be put up before the competent authority for appropriate orders please."

7. Counsel for the respondent also submits that the date fixed for fresh tendering of the same site, has been fixed for 08.02.2013.

8. I have heard the counsel for the parties and also perused the original record, which has been produced in court. On 28.11.2011 the respondent issued a list of parking sites at near Police Post, ISBT Metro Rail, Police Station parking in Civil Line Zone for allotment of sites for ex- serviceman on contract basis. In the month of December, 2011 a notice inviting tender for allotment of the aforesaid site was issued. The petitioner applied for allotment of the aforesaid site, however, the site was allotted to the highest bidder, one Sh.Sunder Shyam, who was also an ex- serviceman. Thereafter repeated complaints were made by the petitioner against Sh.Sunder Shyam, on the ground that he had filed a benami tender for allotment of the parking site. It is the case of the petitioner that despite the complaints, the site was allotted to Sh.Sunder Shyam, however, on 12.12.2012 the same was cancelled and his earnest money was forfeited. The petitioner seeks a direction for allotment of the same site to the petitioner, who is the second highest tenderer. Clause 31(c) of the terms and conditions, which has been re-produced above, makes it abundantly clear that in case there is surrender of the licence or cancellation of tender, the site is to be re-tendered. The present case is fully covered by clause 31(c), as the site in question has been cancelled and thus there is no infirmity in the decision taken by the respondent to re-

tender the site. The original record also reveals that the representation of the petitioner has been rejected. Let the formal reply to the representation be sent to the petitioner, as prayed. No grounds are made out to entertain this petition and the same is accordingly dismissed.

G.S.SISTANI, J FEBRUARY 05, 2013 ssn