- (1.) This petition has been filed purportedly in the public interest by a teacher for quashing the tender notices dated 16 June 2015 and 2 July 2015 issued by the Allahabad Development Authority, Allahabad (the Development Authority). The first tender notice is for Supply, Installation, Testing and Commissioning (SITC) of solar LED lighting in the historic Company Bagh at Allahabad, while the second tender notice is for SITC of 9 mts. solar LED High Mast lighting in the parks maintained by the Development Authority. A further relief that has been claimed in this petition is that the Development Authority should revise the item-wise' rate of different materials after conducting a proper inquiry or market research. The aforesaid tender notices have been issued by the Development Authority in connection with the restoration and beautification of the Company Bagh and other parks in Allahabad pursuant to the directions issued by a Division Bench of this Court in Public Interest Litigation (PIL) No. 51055 of 2014, Madhu Singh v. State of U.P. and 6 others. The said petition was filed by a lecturer in Kamlesh Yadav Degree College, Jhunsi emphasising (i) the absence of security; (ii) encroachments within and immediately outside the park; (iii) the uncontrolled activities of vendors selling eatables outside and inside the park; (iv) absence of any check on the large number of stray animals and the entry of pet dogs; (v) absence of basic civil amenities such as benches, sheds, clean drinking water and toilets; (vi) broken boundaries and grills; and (vii) use of the park for unauthorised purposes such as marriages, social gatherings and public meetings. The Division Bench on 19 September 2014 passed a detailed order directing that necessary steps should, amongst others, be taken to install proper lighting arrangements so as to obviate dangers, particularly in the early morning and late evening hours.
(2.) On 26 September 2014, the Court constituted a Committee consisting of the learned Additional Advocate General who would be the Chief Coordinator, the District Magistrate, the Senior Superintendent of Police, Allahabad, the Chairperson of the Development Authority, the Municipal Commissioner and the Superintendent, Government Gardens so that the restoration work is done in a holistic sense after a proper plan is prepared for the manner in which the park should be restored and maintained. The Court also emphasised that the installation of solar panels required immediate attention. On 4 December 2014, the Court was informed that the actual installation of lighting for the safety of persons visiting Company Bagh is required to be carried out by the Development Authority.
(3.) The work required to be performed under the tender notice dated 16 June 2015 that has been issued by the Development Authority is for the SITC of solar LED lighting in the Company Bagh. Tenders have been invited in a two bid system for Solar/LED Manufacturer Firm. The notice requires that the work has to be completed in four months. Volume-I of the tender document deals with technical qualifications, while Volume-II deals with the price bid. The grievance of the petitioner with respect to the tender notice dated 16 June 2015, as contained in paragraphs 13 to 17 of the petition, is that the price indicated in the Bill of Quantity for each item is highly excessive. Similar allegation has been made with regard to the second tender notice dated 2 July 2015. In support of his contention that excessive rates have been quoted in the Bill of Quantity, the petitioner has referred to various mails which have been sent by the Company to R.G. Traders.;