This PIL challenged the maintenance of a government resolution requiring a ratio-based allotment of civil works to labour societies, unemployed engineers, and contractors. The High Court terminated proceedings as the 2015 e-tendering policy rendered the demand obsolete, dismissing the petition without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
PIL 75/13
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
4 PUBLIC INTEREST LITIGATION NO.75 OF 2013
PRAKASH MANAJI CHAVAN VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioner : Shri Sawant Amol S. AGP for Respondent nos.1 & 2: Shri S.B. Yawalkar
CORAM: PRADEEP NANDRAJOG, CJ & R.G. AVACHAT, J.
DATE: 23.09.2019
PER COURT :
2] The fulcrum of the public interest litigation is a Government
resolution dated 16.11.2006 stipulating that for civil works of value less than Rs.5,00,000/-, tenders need not be floated. The works could be allotted at the rate fixed by the Public Works Department to Labour Societies, Educated Unemployed Engineers and Registered Contractors in the ratio 32 : 33 : 34. It is pleaded in the petition that the said ratio was
not being maintained and no work was allotted to registered Government contractors. There is also a general averment that works were allotted only to certain labour societies and educated unemployed engineers.
PIL 75/13
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petitioner would have no locus standi to maintain a public interest litigation for the reason registered Government contractors have the means to directly approach the Court if no work is being allotted to the registered Government contractors.
4] As regards the grievance that work is being allotted to a chosen few labour societies, in the absence of any material particulars disclosed in the petition, it would not be possible to issue any specific direction. However, only a declaratory relief could be granted. The declaratory relief being that for allotment of work to the registered societies of unemployed youth and to the unemployed engineers, a criterion should be evolved by the State so that all participate in the State largesee.
5] At this stage learned AGP for the respondent – State states that in the year 2015, a new policy has been promulgated having provisions of e-tendering for works above rupees three lakhs. Thus, in that view of the matter, no policy needs to be framed.
6] We terminate the proceedings. Petition is dismissed. No costs.
(R.G. AVACHAT, J.) CHIEF JUSTICE ndk/c239194.doc
3 issues framed by the court
Whether petitioner has locus standi to file PIL regarding allotment of government works to registered contractors.
Whether declaratory relief should be granted for evolving a criterion for allotment of work to labour societies and unemployed engineers.
Whether existing 2015 e-tendering policy satisfies the grievance raised in the petition.
Prakash Manaji Chavan
The State of Maharashtra
Pradeep Nandrajog
R.G. Avachat
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
