STATE OF UTTAR PRADESH & ANR. Vs. M/S. AL FAHEEM MEETEX PRIVATE LTD. & ANR.
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
State of Uttar Pradesh and Anr.
M/S. Al Faheem Meetex Private Ltd. And Anr.
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(1.) Leave granted.
(2.) This appeal is directed against the final judgment and order dated July 26, 2011 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 71568 of 2010. The High Court, vide the impugned judgment, was pleased to allow the writ petition preferred by respondent No.1 herein by quashing the decision dated November 22, 2010 of the Bid Evaluation Committee (for short, 'BEC') and directed that the bid of the appellant, as accepted by it on September 08, 2010, be dealt with in accordance with law from the stage of such acceptance.
(3.) The dispute pertains to the construction, maintenance and operation of a slaughter house in Meerut, Uttar Pradesh. The appellants are intending to construct a slaughter house with ultra modern technology. Origin of this plan of the Government can be traced to the directions which were given by this Court vide judgment dated December 07, 2006 in the case of Nagar Nigam, Meerut v. Al Faheem Meat Exports Pvt. Ltd. & Ors., 2006 13 SCC 382 emphasizing the need for modernising the slaughter houses according to the prescribed standards. Pursuant to the aforesaid directions of this Court, the State Government vide its G.O. dated August 06, 2008, laid down Policy Guidelines for operation of animal slaughter houses owned by urban local bodies in the State on the basis of Private Public Participation (PPP) Model. It was provided that slaughter houses owned by urban local bodies can be given on PPP Model to private persons by public auction/tender process on the condition that the private participants will have to modernise slaughter houses according to the prescribed standards. Accordingly, the State Government vide its G.O. dated September 29, 2009 constituted BEC with regard to the operation of animal slaughter houses owned by urban local bodies in the State on the basis of PPP Model in accordance with G.O. dated August 06, 2008 and June 26, 2009. The BEC was required to follow the Guidelines as laid down vide G.O. dated June 29, 2007 for selection, contracting and monitoring of Consultants and Private Developers for PPP Projects in the State. As per the Guidelines, the selection of the Developer was to be made through two stage bidding process, i.e.:
Stage I Shortlisting of Developer through EOIs in the form of Request for Qualification (RFQs)
Stage II Selection of Developer from shortlisted, developer on the basis of Request for Proposal (RFPs) submitted by them containing two stage bids i.e. Technical and financial bids.;
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