VIJAYBEHAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by the petitioners for a direction to the respondent No 1, the State of Bihar, and respondent No. 3, the Patna Regional Development Authority to discharge their obligation by engaging the petitioners at Architect for the development of Chandralok Complex near General Post Office, Patna, to be developed by the Patna Regional Development authority in pursuance of the selection/appointment of the petitioners as Architect and for quashing the order of selection/ appointment of respondent No. 8 as Architect.

(2.) The Patna Regional Development Authority (respondent No. 3) had conducted a Design Concept Competition for Surya Vihar Complex at Patna on all India basis in the year, 1987 in which nine firms participated in the open tender and out of them three tenderers including the petitioners were selected as Prize Winning Architrcts The other two Architects were M/. Shrivastava A Jaiswal and M/s. Sen & Lall (respondent No. 8). Later on the proposal to develop the Surya Vihar Complex was abandoned and the decision was taken for development of Chandralok Complex on a Government land near General Post Office, Patna.

(3.) The case of the writ petitioners is that petititioner No. 2 is a registered firm of Architects & Interior Designers and Petitioner No. 1 is one of its partner. The firm deals in Architectural Design of different types of complex amongst other things in India Respondent No. 3 had conducted all India Competition for Surya Vihar Commercial with wide publicity through media in which nine firms participated and offered their design concepts The Board of Assessors, duly appointed/selected three Prize Winning Architects, namely, M/s. Shrivastava & Jaiswal, M/s. Behal Joshi & Associates (Petitioner) and M/s. Sen & Lall (respondent No. 8). Later on the programme to develop Surya Vihar Complex was abandoned and thereafter the respondent authorities then decided to construct another commercial complex known as Chandralok Complex near Pafna General Post Office on 4-1-1988 The authorities of the State Government then decided to consult HUDCO & DDA at Delhi to obtain guidelines with regard to develop the aforesaid complex. Thereafter, after discussing the matter with HUDCO & DDA at Delhi, it was decided to allot the aforesaid work amongst three prize winning Architects selected for development of Surya Vihar Complex. Accordingly, the Urban Development Department vide letter No. 284 dated 21.12.1989, as contained in Annexure-1, invited a limited design competition for the proposed Chandralok Complex and requested the three Prize Winning Architects only to offer comprehensive design concept for the aforesaid complex. It was provided therein that selection of the Architects shall be made by a Board of Assessors and their decision shall be final. The said decision of the authorities was in accordance with guidelines prescribsd by the Counsel of Architecture under the Architects Act, 1972, and in accordance with the Technical Circular No. 140, deal- ing with Mode of Consultants fcr complex jobs like Chandralok Complex.