- (1.) State of Jharkhand being aggrieved of the judgment dated 24.07.2014 handed down by learned Single Judge whereby allowing W.P.(C) No.2845 of 2014 filed by M/s. CWE-SOMA Consortium of Hyderabad (hereinafter to be referred to as "SOMA' only) is before us through the medium of instant Letters Patent Appeal which is at admission stage. However, with the consent of learned counsel for both the sides who state that since the instant matter relates to construction of a Dam which project has not started for the last so many years, it needs early consideration, we have taken it on board for its final consideration.
(2.) Water Resource Department, Government of Jharkhand through its Executive Engineer invited item rate bids for the construction of Kharkai Dam at Icha with all control gates and its allied works including Civil, Mechanical, Electrical and SCADA system under SMP on 28.02.2014 through e-Procurement from eligible and approved contractors. It was a project of more than 250 crores, terms and conditions of which were in accordance with Standard Bidding Documents (for short "SBD").
(3.) On 24th of March, 2014, a pre-bid meeting was held in which 10 contractors, including SOMA also participated. During the course of pre-bid meeting, it was found that there had been some departure relating to terms and conditions of NIT from clauses of SBD which were never approved by the department. Conditions of NIT were said to be stringent. This was informed to the Chief Engineer with a request to issue necessary corrigendum to the tender notice so that the tender could be in accordance with SBD. Vide letter dated 02.04.2014 (Annexure-C to the counter affidavit available on writ court record), Chief Engineer gave his justification that the work was of specific and urgent nature, therefore, certain clauses were inserted so as to ensure appropriate and smooth implementation of the work in time.;