The Court allowed an interlocutory application to implead Anupam Nirman Pvt. Ltd. as Respondent No. 8 in a connected PIL challenging the award of a flyover construction project without a tender.
Impleadment of Anupam Nirman Pvt. Ltd. as party respondent No. 8 allowed.
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GAHC010151622024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2313/2024
TAPAN TIMUNG
S/O- SRI HARSING TIMUNG, R/O- NO. 1 TOKHADI, P.O. DOYANGMUKH, P.S. KHERONI, DIST. WEST KARBI ANGLONG, ASSAM, PIN- 782448.
VERSUS
ANUPAM NIRMAN PVT LTD
BHASKAR NAGAR, BYE LANE NO.2, ZOO NARENGI ROAD, GUWAHATI, DISTRICT KAMRUP METRO, ASSAM, PIN 781021
Advocate for the Petitioner : MR. A I KATHAR, SC, NH DEPARTMENT,MR. A RONGPHAR
Advocate for the Respondent : SC, PWD ROAD, SC, K A A C
For the applicant : Mr. A.I. Kathar, Advocate
For the respondents : Mr. D. Nath, S.C., PWD
For respondent Nos.1, 2, 4 & 5
Ms. S. Kemprai, S.C., KAAC
For respondent Nos.3,6 & 7
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– B E F O R E –
HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
09-09-2024
(Vijay Bishnoi, C.J.)
This interlocutory application is filed on behalf of the applicant with the prayer to implead Anupam Nirman Pvt. Ltd. as party respondent No.8 in the connected PIL.
The PIL petition is filed by the petitioner alleging that the construction of 4-Lane Flyover from Diphu Stadium to Head Post Office on Lumding Dimapur Road, Diphu in the district of Karbi Anglong has been awarded to Anupam Nirman Pvt. Ltd. without even calling for a tender. It is submitted that though the tender was issued inviting applications from the interested contractors but, prior to that, Anupam Nirman Pvt. Ltd. was allowed to start the work of the above-referred construction. Learned counsel for the applicant has, therefore, submitted that the Anupam Nirman Pvt. Ltd. is a necessary party to be impleaded in the PIL petition.
Having heard the learned counsel for the applicant as well as the counsel for the State respondents, we are of the view that the Anupam Nirman Pvt. Ltd. is liable to be impleaded as party respondent No.8 in the connected PIL petition. Hence, the prayer for impleadment is allowed.
Accordingly, this interlocutory application is allowed.
JUDGE CHIEF JUSTICE
Comparing Assistant
1 issue framed by the court
Whether Anupam Nirman Pvt. Ltd. should be impleaded as a party respondent in the connected PIL regarding flyover construction without tender?
TAPAN TIMUNG
ANUPAM NIRMAN PVT LTD
VIJAY BISHNOI
N. UNNI KRISHNAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
