- (1.) In this writ application the petitioner has challenged the validity of the extension of Settlement of bus stand at the instance of respondents Nos. 4 and 5 in favour of respondent No. 6 for the period upto 2003. A prayer has been made for quashing such settlement and for issuance of appropriate direction upon the concerned respondent for settlement of the said bus stand in accordance with the established procedure of settlement.
(2.) The bus stand, namely, Kanta toli bus stand is a Government place under the control of respondent No. 4, Ranchi Regional Development Authority (in short R.R.D.A.). Petitioner's case is that since 1991 the R.R.D.A. used to settle the said bus stand by inviting tender for a period of one year and for appointment of a contractor for the purpose of collecting toll from the bus owners. In 1999 tender was invited by the authority in the newspaper, namely, Ranchi Express dated 9-1-99 for a period of one year i.e. 1999-2000 and tender value was fixed at Rs. 16,11,500/-. It is stated that respondent-R.R.D.A. ignoring the guidelines and policy settled the bus stand with respondent No. 6 for the period 1999-2000 and the value of contract was fixed at 14.75 lakhs. Petitioner's further case is that the petitioner and other organisations filed representations before the authority stating inter alia that the settlement was made by adopting wrong procedure. It is stated that again on 18-1-2000 another notice was published in the newspaper inviting tender for appointment of contractor for 'Ran Basera' situated in Birsa Bus Stand (Kanta toli bus stand) but the authority in connivance with respondent No. 6 again appointed him as a contractor. Petitioner's further case is that depsite respondent No. 6 violated all the terms and conditions of settlement and became defaulter, respondent authority instead of making fresh settlement of the bus stand for the subsequent year i.e. 2000-2001, extended the settlement upto 2003. Petitioner and others made serious objection and filed several representations but nothing was done. Petitioner therefore, claims that extension of the original settlement for the period 1999-2000 to 2003 is absolutely illegal, arbitrary, capricious and mala fide.
(3.) A counter-affidavit has been filed by respondents Nos. 4 and 5, namely, R.R.D.A. In the counter affidavit it is admitted that in 1999 settlement of the bus stand was made in favour of the respondent No. 6 for the period 1999-2000 and the minimum bid was fixed at Rs. 16,11,500/-. However, it is stated that only three persons who participated in the auction, did not agree to call the bid on the fixed amount of Rs. 16,11,500/-. Consequently, the then Vice-Chairman of the R.R.D.A. permitted them to call the bid at Rs. 14,50,000/- and ultimately, the settlement was awarded to the highest bidder, namely, Sri Saud Alam, respondent No. 6 who bid at Rs. 14,75,000/-. Further case of R.R.D.A. is that on 16-6-99 respondent No. 6 submitted application before the authority requesting that contract period be extended till the year 2003 on the ground that his income had decreased because the buses started from Ratu Road, Main Road and Dhurwa bus stand as a result of which he could not pay the instalments in time. The aforesaid application of respondent No. 6 was considered by the authority and it was felt that the authority needed assured income for the development of the proposed bus terminus. Respondent-R.R.D.A. further justified the extension on the ground that while inviting auction each year, unwanted elements came to the authority and unnecessary expenditure is incurred. It is further stated that the R.R.D.A. felt that for development of proposed Birsa Bus Terminus, apart from the time factor, peace was very much essential as group clashes were apprehended if auction was held each year. Consequently, to avoid all these, it was decided to extend the period of the contract as per the terms of the Agreement to three years @ Rs. 14,80,000/- for the period 2000-01; Rs. 14,85,000/- for the period 2001-02 and Rs. 15,00,000/- for the period 2002-03.;