Dipak Kumar Sen, J. - (1.) The facts which are not in dispute in these proceedings may shortly be stated as follows :-- On or about the 18th Oct. 1974, the Calcutta Metropolitan Development Authority incorporated under the Calcutta Metropolitan Development Authority Act, 1972, the respondent No. 1 herein, invited public tenders for construction of all civil works and supply and erection of mechanical and electrical equipments for a water treatment plant of 273 MLD capacity at Garden Reach. It was intimated that tenders should be submitted between the 11th November and the 6th Dec., 1974 and the "tender papers" containing, inter alia, the notice of invitation, specifications and other terms and conditions in detail would be available for inspection after the llth Nov., 1974 and also for purchase at a price of Rs. 700 per set. It was declared that no one would be permitted to submit a tender who had not successfully completed and commissioned an integrated water treatment plant of the minimum capacity of 45 MLD; or who could not furnish a solvency certificate from a nationalised bank in his favour for at least Rs. 10 lacs.
(2.) it was indicated further that each tender should consist of three parts consisting of respectively, qualification of the tenderers both financial and technical, technical particulars of the proposed plant subject to negotiation for variation in design and otherwise and Schedule of prices. The tender of tenderer who would not strictly adhere to the outlined procedure it was declared would be summarily rejected.
(3.) B. K. Dhar Private Limited, the petitioner herein, submitted a tender for the said works and furnished the required earnest money.;