- (1.) The petitioner is seeking a writ in the nature of certiorari for quashing the impugned order dated 27.03.2009 (Anexure P-20), vide which, petitioner company has been blacklisted from the list of Punjab Infrastructure Development Board (PIDB).
(2.) The petitioner-company is a renowned full service project delivery consultancy company, offering integrated planning, architectural, engineering and project management services for power, transportation, telecommunications, nuclear, commercial, institutional, recreational and manufacturing facility infrastructure since 1963. It is an international organization with over 1200 professionals in various offices and at global project locations. The petitioner-company was established in 1963. Thereafter, consultancy groups came up in America, Africa, Asia and the Middle East to attract and train local professionals, thereby creating centres of excellence. Petitioner company's wide range of resources and expertise offer comprehensive and single umbrella solutions (incorporating architectural, building and infrastructure engineering, mechanical, electrical and HVAC services) to technically challenging projects and services from planning to construction, for local and national governments, international financing institutions, private sector owners, contractors and public sector institutions. The company provides optimized and innovative state of the art designs utilizing specialized expertise developed over 5 decades for the design and rehabilitation of building and major structure, which are locally adapted for economic constructability, as per Annexure P-1.
(3.) The Punjab Infrastructure Development Board (PIDB) has been established as an independent statutory body under Section 18 of the Punjab Infrastructure (Development & Regulation) Act, 2002 to be the apex body in the State of Punjab for overall planning for development of infrastructure sectors and projects. In the year 2004, a tender was floated by the Director, State Transport, Department of Transport, Punjab-respondent No.3 for development of Jalandhar Bus Terminal on Built, Operate and Transfer (or short 'BOT') basis. M/s MSK Projects India Ltd., was selected for implementing the project vide concessio agreement dated 22.06.2005, executed between the Director, State Transport-respondent No.3 and the petitioner-company. As per Article 2.1 (d) read with Article 21 of the said agreement, an independent Engineer was to be appointed to review and approve all activities associated with planning, design, construction, operation & maintenance and operationalization of the concession agreement dated 22.06.2005. Accordingly, the petitioner-company was appointed as "Independent Engineer" for the development of Jalandhar Bus Terminal on BOT basis on a monthly fee of Rs.88,000/-. A bank guarantee of Rs.7.50 Lakhs was give in favour of the Director, State Transport-respondent No.3.;