HYDERABAD: Justice Surepalli Nanda of the Telangana High Court set aside the tender floated by the Telangana Mineral Development Corporation Limited (TGMDC) for desiltation of 15,52,923 MT of sand from the Beglur sand reach in Jayashankar Bhupalpally district. The judge also directed the authorities to call for fresh bids in respect of the said tender while allowing a writ plea. The judge dealt with a writ plea filed by GKR Infracon (India) Private Limited challenging the rejection of its bid in respect of the tender. The petitioner argued that the rejection of its bid was arbitrary, illegal, and in violation of the principles of natural justice. It was the case of the petitioner that it met all the criteria, including Clause 3.2 of the tender, which required bidders to have completed similar projects worth ₹12.05 crore for a government undertaking in the last three years. The petitioner alleged that despite meeting all the criteria, his bid was rejected on the grounds of non-fulfilment of Clause 3.2, as per the evaluation committee’s comments. The petitioner also contended that the rejection was carried out without assigning any specific reasons or seeking clarifications, even though the online portal indicated that the company was qualified as per eligibility criteria. It was also alleged that the tender process lacked transparency and that the award of the contract to the unofficial respondent was in contravention of the principles of fairness and accountability. After hearing the parties and perusing the material record, the judge observed that the rejection of the petitioner’s bid without proper justification violated the principles of natural justice. The judge noted discrepancies in the tender process, highlighting that while the tender portal displayed that the petitioner was qualified, the evaluation committee concluded otherwise without any clarifications or due process. In her judgment, the judge declared the rejection of the petitioner's bid and the subsequent award of the contract to the unofficial respondent as illegal and set them aside. The judge also passed a direction for call of fresh bids for the tender and emphasised that government bodies must ensure transparency, fairness, and accountability in awarding contracts, especially those involving public resources and funds. The judge underscored that decisions impacting public interest must withstand judicial scrutiny and conform to constitutional principles of equality and fairness.
Civic body told to act against illegal construction
Justice T. Vinod Kumar of the Telangana High Court directed state authorities to take action against the illegal construction of a compound wall in accordance with the law. The judge emphasised the duty of authorities to enforce the provisions of the Greater Hyderabad Municipal Corporation (GHMC) Act and take stern measures to address the violations. The judge was dealing with a writ plea filed by Amjad Mohiuddin claiming that Sairam Enterprises, Lakshmi Infra India Ventures, and other respondents encroached upon their land and constructed a compound wall without obtaining the required permissions. The petitioner had previously submitted a representation which was allegedly ignored by the authorities. The writ sought to declare the inaction of the respondents as arbitrary and a violation of the principles of natural justice. The government pleader informed the judge that a speaking order had been passed, directing the unofficial respondents to remove the illegal compound wall within 15 days. It was further stated that failure to comply would result in enforcement action under the GHMC Act. While noting that the claim of encroachment could not be adjudicated under Article 226 of the Constitution, the judge observed that the construction was undertaken without proper permissions and was therefore illegal. Citing Supreme Court precedents, the judge stressed that neither regularisation nor leniency should be allowed in cases of illegal constructions. The judge directed the GHMC authorities to ensure compliance with the speaking order and take necessary steps to remove the illegal compound wall, safeguarding the public interest and upholding the rule of law.
