- (1.) HEARD Shri S.D. Singh and Shri S.K. Singh for the petitioner. Shri Ashwini Kumar Mishra appears for Hapur-Pilkhuwa Development Authority. Shri Anoop Trivedi appears for respondent No. 6. Shri S.A. Murtaza appears for the respondent No. 5.
(2.) HAPUR -Pilkhuwa Development Authority (HPDA) published a tender notice dated 10.7.2008 inviting sealed Turn-key tenders on two bid system, from contractors having work experience of atleast five years in organised sector, Government/Semi Government organisations and public sector undertakings, public and private limited companies for the project known as "2.10 MLD (210 KL/Day) Common Effluent Treatment Plant (CETP) for proposed Textile Centre Scheme, HPDA at Pilkhuwa (U.P.). The treatment process was to consist of preliminary treatment, physico-chemical followed by Activated Sludge Process. The invitation was open to all bidders, who fulfil the criteria: (a) constructed at least one CETP/ETP (for Textile Effluent Treatment) having capacity of 2.50 MLD to 25.0 MLD in last three years, (b) Total turn over of atleast Rs. 12 crores in last three financial years, (c) Liquid Assets at least Rs. 10.00 million (Rupees One crore only). The petitioner company registered under the Companies Act, 1956 claiming to be pioneer in the field of executing and establishing the sewerage treatment plant, water treatment plant and affluent treatment plants and other similar activities purchased and submitted the tender document.
(3.) HPDA cancelled the invitation of tender notice dated 10.7.2008 and refunded the earnest money of Rs. 10 lacs to the petitioner on 29.8.2008. It is alleged by the petitioner that thereafter HPDA violated the eligibility criteria by issuing fresh tender notice on 3.9.2008, whereby experience of construction of 2.50 MLD to 25.0 MLD was reduced to 2.5 MLD. The turnover of the company bidding for contract was reduced from 12 crores to Rs. 7.50 crores.;