Udhampur-Srinagar-Baramulla rail link project
Excelsior Correspondent
JAMMU, May 10: High Court has dismissed the petition filed by BGE MFB JV seeking direction to the respondents to permit the petitioner to participate and bid in the tender for slope stabilization at Katra end of Anji Khad Bridge on Katra-Dharam Section of Udhampur-Srinagar-Baramulla rail link project.
While dismissing the petition, Justice Rajnesh Oswal observed, “Supreme Court in a judgment holds that while entertaining the writ petition and/or granting the stay which ultimately may delay the execution of the mega projects, it must be remembered that it may seriously impede the execution of the projects of public importance and disables the State and/or its agencies/instrumentalities from discharging the constitutional and legal obligation towards the citizens”.
“The petitioner on 22.02.2022 wrote to the respondents for extending the date for submission of bids by at least three weeks so as to enable the petitioner to participate in the tender and in the said e-mail, it has been mentioned by the petitioner that the petitioner needs some more time (pandemic situation due to Omicron) for joint venture formalities”, High Court said.
“The petitioner has not denied the communication which further gives credence to the contention of the respondents that the petitioner right from the very beginning wanted the extension of time for participation in tendering process”, High Court further said, adding “this court does not find any illegality, arbitrariness and mala fide on the part of respondents in continuing with the tendering process to the exclusion of the petitioner, by not extending the period for making bid”.
“The petitioner cannot be allowed to participate in tendering process by extending the time for making bids because any delay in the completion of project would not be in the public interest particularly in view of the fact that the project was required to be completed in five months”, High Court said.
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