'Fair & Reasonable': Telangana High Court Dismisses PIL Against Grant Of Contract For Constructing Flats For Homeless Without Public Auction
1 year, 3 months ago

'Fair & Reasonable': Telangana High Court Dismisses PIL Against Grant Of Contract For Constructing Flats For Homeless Without Public Auction

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Division Bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar made it clear that the government may deviate from tender or public auction for allocation of contract, as long as allocation is just, fair, reasonable and in accordance with the principles of Article 14 of the Constitution. The Telangana High Court has dismissed a PIL against Greater Hyderabad Municipal Corporation for allotting the work contract in connection with “2BHK Scheme” for construction of flats for homeless persons, without a public auction. “Therefore, in the facts of the case, we hold that the action of respondents No.1 and 2 is just, fair and reasonable and the deviation from route of tender is neither discriminatory nor arbitrary inviting the wrath of Article 14 of the Constitution of India," it observed while refusing to demolish two buildings in question where 216 families are currently residing. The Bench also gave credence to the judgement passed by the Supreme Court in Indian Medicines Pharmaceuticals Corporation Limited v. Kerala Ayurvedic Cooperative Society Limited and concluded that when the aim of the Government is not revenue maximization, it may allot tender through other methods.

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