D.K.JAIN, J. - (1.) RULE DB.
(2.) SINCE the project, subject-matter of the present litigation, is of vital public importance, disposal of the case does not brook any delay. Accordingly, with the consent of learned counsel for the parties, who have addressed us at considerable length, we proceed to dispose of the matter at the motion hearing stage. By this writ petition, under Articles 226/227 of the Constitution of India, the petitioner, hereinafter referred to as 'DEC', a Corporation organized and existing under the laws of People's Republic of China, with its registered office in China, questions the legality and propriety of decision, dated 18.9.2005, taken by the Haryana Power Generation Corporation Limited, respondent No. 2, hereinafter referred to as 'the owner', permitting respondent No. 1, namely, Reliance Energy Limited, (for short, 'REL') to change its collaborator and to extend to zero date of the project up to 20.8.2005, subject to certain conditions, stipulated in the said letter.
(3.) THE factual matrix, on which the foundation of this judicial action is laid, is as follows : On 20.5.2004, the owner, a Public Sector Undertaking, under the control of Government of Haryana, respondent No. 3 herein, issued notice inviting bids, ('NIB', for short) for engineering, design, manufacture, erection, testing and putting into satisfactory operation of thermal power generating station plant of 2x300 MW capacity at Yamunanagar on turkey Engineering, Procurement and Construction ('EPC', for short) basis. The bulky tender document, running into few hundred pages, in more than one volume, contained several tender conditions. The qualification requirement of a bidder was spelt out in clause 1.8.15 of the instructions to the bidders, contained in Volume-I, Section 1 of the Bid Document. The relevant portion of the said clause reads thus : "A regular turnkey management and contracting agency, which has executed coal fired thermal power plants on EPC basis for at least (2) units of 210 MW or higher rating would be eligible to bid. In such a case, prior to submission of bid, the bidder should associate/collaborate with the manufacturer of Steam Generator and Steam Turbine Generator of at least two (2) sets of 250 MW or higher rating and should furnish along with the Bid, a copy of the agreement jointly executed for this project by him and the manufacturers of SG and STG for successful performance of the thermal power plant including SG, STG and associated auxiliary equipment". ;