- (1.) In response to an advertisement dated 1.7.2010 for construction of a Slaughter House in Meerut on a public private partnership model (hereinafter after referred to as the 'P.P.P. model'), the bid of the Petitioner had been considered along with that of other applicants and was accepted by the Bid Evaluation Committee (B.E.C.) in its meeting held on 8.9.2010. A fresh decision was thereafter taken by the B.E.C. on 22.11.2010 holding that the bid of the Petitioner was financially improper. It was thus recommended that fresh bids be invited by giving proper and wide publicity. In response thereto, a fresh advertisement was issued on 1.12.2010 by the Nagar Palika Parishad inviting fresh bids up to 15.12.2010. Challenging the said decision of the B.E.C. dated 22.11.2010 and consequential advertisement issued by the Municipal Commission, Nagar Nigam, Meerut dated 30.11.2010 (published on 01.12.2010), this writ petition has been filed. On 9.12.2010 this Court had passed the following interim order: Notice waived on behalf of the Respondents. The case of the Petitioner is that pursuant to applications invited by the Respondents, his bid was opened and it was held to be the highest bidder. Its further case is that without adequate reasons and arbitrarily the same has been scraped and fresh bidders have been invited, hence the present petition. The last date for submitting applications is 15.12.2010. In the light of that, following directions are being issued: 1 It will be open to the Petitioner to apply along with others pursuant to the fresh advertisement. 2 The bank guarantee given earlier by the Petitioner insofar as earlier bid is concerned, will also be treated as the bank guarantee for the purpose of fresh applications and further need not to submit fresh bank guarantee if the same is subsisting. 3 Respondents are directed not to open the fresh bids, without further orders from this Court. Respondents to file a counter affidavit within three weeks from today. Rejoinder affidavit, if any, within one week thereafter. Place the matter on board on 13th of January, 2011 in the additional cause list.
(2.) It has been informed that in response to the fresh advertisement dated 1.12.2010, only one bid was received.
(3.) We have heard Sri S.D. Kautilya, learned Counsel for the Petitioner as well as Sri Zafar Naiyyer, Additional Advocate General along with Sri Ravi Shanker Prasad, Additional Chief Standing Counsel appearing for the State Respondents and Sri Pankaj Srivastava for the Nagar Nigam, Meerut at great length and have perused the record. Pleadings between the parties have been exchanged and with their consent, this writ petition is being disposed of finally at the admission stage. Facts and History of Litigation;