Case Note & Summary
The High Court of Bombay heard four connected writ petitions challenging certain conditions stipulated in a Government Resolution dated 03.08.2018 issued by the Water Resources Department of the State of Maharashtra, as well as conditions of a tender floated by the Maharashtra Krishna Khore Vikas Mahamandal (respondent no.4). The petitioners contended that the conditions were arbitrary, illegal, and violated their fundamental rights under Articles 14 and 19(1)(g) of the Constitution of India. They also alleged that the e-tender process violated directives issued by the High Court in an earlier public interest litigation, PIL No.143 of 2012. The subject matter involved a policy for extracting silt with alleviated sand from major dams and projects, aimed at restoring the storage capacity of dams by removing sediment through mechanical operations. The background included a direct award of a similar contract in 2012 to a society, which led to the filing of PIL No.143 of 2012; the High Court stayed the award and the government undertook to adopt an e-tender process for works exceeding Rs.10 lakhs. Subsequently, the Revenue Department framed a desilting policy by resolution dated 09.09.2014, and the PIL was disposed of with the observation that contracts would be awarded in accordance with that policy or any revised policy. Later, the irrigation projects were transferred to the Water Resources Department, which issued a pilot policy resolution on 04.05.2017. The impugned resolution of 03.08.2018 formed the basis for the tender impugned in the petitions. The Court issued rule nisi and heard the matters finally. However, the judgment text is incomplete, and no final decision or detailed legal analysis is available. The petition thus remained pending for decision on the constitutional validity of the challenged conditions.
Issue of Consideration
Whether the conditions in Government Resolution dated 03.08.2018 and the tender conditions are arbitrary and violate Article 14 and 19(1)(g); Whether the e-tender process violates the directives issued in PIL No.143 of 2012
Law Points
- Challenged on grounds of arbitrariness violative of Article 14 and 19(1)(g) of the Constitution of India
