Excelsior Correspondent
SRINAGAR, Sept 7: High Court today upheld the decision of the Lakes and Waterways Development Authority (LAWDA) to stop the trial run of Skimmers and remove them from the water body.
The Division Bench of Justice Ali Mohammad Magrey and Justice V C Koul said the decision taken by LAWDA in stopping the Petitioner- M/S Ashwath Infratech Pvt. Ltd from trial running of the Skimmers and removing them from the lake body was certainly not irrational in any manner.
Court said the decision of LAWDA is not intending to favour anyone, in fact, same has been taken only when the petitioner-firm did not comply with all the specifications provided in the NIT. We do not find any merit in this Petition. It entails dismissal and is, accordingly, dismissed”, court concluded.
By medium of the instant Petition, the Petitioner-firm challenged the validity of communication bearing No. LD-1/4530-36 dated 31st of August, 2021, issued LAWDA, in terms whereof the Petitioner was directed to stop the trial run of the Skimmers and remove them from the Lake body immediately.
Court after hearing the parties at length said the tender issuing authority is the best judge of its interests/ needs and that it is always open to the said authority to suitably prescribe the eligibility criteria so as to best serve its purposes.
“Besides, the Courts are expected to exercise judicial restraint in interfering with the administrative action, particularly in the matter of tender or contract. Ordinarily, the soundness of the decision taken by the tender issuing authority ought not to be questioned, but the decision-making process can certainly be subject to judicial review”, reads the judgment.
“A bare perusal of the pleadings on record, does not indicate that the decision made by the authority is malafide or intended to favour someone as such public interest is also not affected in the present case because while it may be in public interest to have greater competition, it is also in public interest that all the tender conditions are complied with as prescribed by the tender issuing authority and that there is no uncertainty in that area”, DB recorded.
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