The decisions taken in those cases by the authorities concerned, on judicial scrutiny were held to be free from bias, discrimination and under the exigencies of the situation then existing to be just and proper. On the basis of those judgments it cannot be urged that this court has left to the option of the authorities concerned whether to Invite tenders or not according to their own discretion and to award contracts ignoring the procedures which are basic in nature, taking into account factors which are not only but detrimental to the public Interest.”
25. A part of the argument vehemently canvassed at the bar was that the main purpose of awarding contract to this party A part of the argument vehemently canvassed at the was to get the CDA land cleared off from the Illegal occupants, which the CDA was unable to do. In this behalf, reference was made to agreements containing recitals of payment of different sums of money made to certain persons in lieu of their vacating such land. According to the aforesaid agreements, huge sums of money running Into millions of rupees were allegedly paid. But, surprisingly, no details of payment, such as bank drafts, pay orders, cheques, etc. were given in the said agreements. It is not believable that such large sums of money were paid in cash. Besides, the agreements in question were documents not registered in accordance with law. There was, so to say, no valid proof of payment furnished to our satisfaction. Further, no details of the land allegedly in the illegal possession of the land grabbers along with the names/number of encroachers were provided. Thus, looked at from any angle, the transaction appears to be a sham deal. The whole exercise appears to be an eyewash. This also negates the claim of huge Investment made by the MPCHS in this project.
26. Having held that the CDA was not competent to allow private societies to operate in Zone-1, even otherwise the transaction could, in no manner, be termed as transparent. There was complete absence of fair and open competition in the bidding process where only three parties had submitted the expression of interest, two of whom did not meet the requirement of submission of technical and financial proposals along with the bid/letter of Intent, thus practically leaving only one party in the field. Such a situation did call for making a fresh advertisement, which was not done. On the other hand, the CDA Board, in its meeting held on 18.07.2009, approved planning and development of an area measuring 53.86 acres owned by the CDA in the northern strip of Sector E-11 on joint venture basis with MPCHS with the following land use: –
To be Continued…