Prashant Kumar, J. - (1.) IN this application, petitioners have prayed for following reliefs: For issuance of an appropriate writ(s)/order(s) direction(s) upon the respondents to show cause as to the nexus/object behind the specific tender technical requirement in the recently floated global tender E/Global tender notice No. 43, PUR/53/112137(12 -13) Mine Slope Stability Monitoring RADAR/Global/116, dated 24 -01 -2013 (as published in the Global website of BCCL) floated by M/s. Bharat Coking Coal Ltd., Dhanbad (meant for the purpose of supply of Mine Slope Stability Monitoring Radar with installation, Commissioning and Comprehensive Annual Maintenance Contract (CAMC) for 5 years with spares & consumables after warranty period. Qty -2 sets), wherein the technical specification only allows participation of Real Aperture Radar (RAR) and eliminates completely newer/far more advanced/cheaper/less polluting radar technology known as Synthetic Aperture Radar (SAR) that has successful installations worldwide and has wider acceptance due to better performance so as to meet the above objectives. Petitioners further prayed for an appropriate order directing the respondents to immediately and forthwith without any delay that too, before completion of the tender process declare and decide the representation preferred by the petitioner before the appropriate authority (Respondent Nos. 2 & 3) seeking amendment in the recently floated global tender E -Global tender notice No. PUR/53/112137(12 -13) Mine Slope Stability Monitoring RADAR/Global/116, dated 24 -01 -2013, as floated by M/s. Bharat Coking Coal Ltd., Dhanbad wherein the technical specification only allows participation of Real Aperture Radar and eliminates completely newer/far more advanced/cheaper/less polluting radar technology known as Synthetic Aperture Radar (SAR) that has successful installations world -wide and has wider acceptance due to better performance so as to meet the above objectives.
(2.) M /s. Bharat Coking Coal Ltd., Dhanbad (for short -B.C.C.L.), respondent No. 1, had issued Notice Inviting Tender, (Global) (hereinafter referred to as -NIT), on 18.01.2013 for supply of Mine Slope Stability Monitoring RADAR (MSSM -RADAR) as per the recommendation of Director General of Mines Safety (D.G.M.S.), Ministry of Labour and Employment, Govt. of India in the said NIT, respondent No. 2 mentioned technical specification and schedule of requirement. Petitioners, who are the manufacturers of MSSM -RADAR have grievance with respect to aforesaid technical specification and schedule of requirement. It is stated that the current technical specification was purposely prepared with the specific objective to eliminate SAR technology altogether by exclusively mentioning the Scan Angle of Real Aperture RADAR (for short -RAR) technology. Accordingly, it is submitted that the aforesaid technical specifications mentioned in the NIT with a view to favour the manufacturers of RAR and completely eliminating the manufacturers of Synthetic Aperture RADAR (for short -SAR). Thus, it is prayed that a suitable direction be given to respondent -BCCL for amending the technical specifications and schedule of requirement of the NIT. A counter affidavit filed on behalf of respondent Nos. 2 and 3. In the said counter affidavit, it has been mentioned that technical specification mentioned in the NIT does not favour any particular kind of RADAR technology. The technical criteria furnished in the technical specification have been framed keeping in mind the field realities of the opencast mines of BCCL. It is further stated that the Scan Angle is a vital technical criteria of a RADAR technology, based on Slope Stability Monitoring Equipment. According to the respondent, the more the Scan Angle, the larger will be the area of mine covered in a single sweep of the antenna in its Circular, D.G.M.S. has also advocated for such a RADAR technology which has the ability to cover large areas on the surface for true two dimensional monitoring. The respondent further stated that Scan Angle should not be reduced as because in that case, for a single scan of large surface area, the equipment will have to be relocated and reinstalled several times, which may take hours and so will delay the time taken for detection of the impending failure of the Pit Slopes/Dump Slopes, which will not be in the interest of safety.
(3.) RESPONDENT No. 4 (D.G.M.S.) has also filed a counter affidavit as per the direction of this Court. In the said counter affidavit, at paragraph -8, respondent No. 4 stated that the operating mining companies alone will have to decide the requirement of appropriate make and type of slope monitoring system for their mines for initiating suitable actions for procurement and that D.G.M.S. has no role whatsoever in either deciding on the make and type of slope monitoring systems or their procurement by the mining companies.;