Allowed

M/S.Midiland Engineering Contracting Company, v. Kerala Water Authority

Kerala HC15 Sept 2023WP(C)/13873/2022

Case brief

AI extract

What is this about?

The court quashed conditions in communications that required the petitioner to reduce its quoted rate after being selected as the highest-ranked bidder under the QCBS method, holding that tender terms cannot be deviated mid-way.

What did the court decide?

The impugned conditions in the communications directing the petitioner to reduce the Quoted Rate are quashed. Respondents directed to issue fresh work orders at the petitioner's Quoted Rate and enter

M/S.Midiland Engineering Contracting Company… — Public Procurement and Tenders | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶4

FRIDAY, THE 15TH DAY OF SEPTEMBER 2023 / 24TH BHADRA, 1945

¶5

WP(C) NO. 20836 OF 2022

¶6

PETITIONER:

¶7

MIDLAND ENGINEERING CONTRACTING COMPANY
VARIKKODAN BUILDING, VALIYAPARAMBA, DOWN HILL.P.O.,
MALAPPURAM. REPRESENTED BY ITS MANAGING PARTNER,
PIN – 676519

¶8

BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD

¶9

RESPONDENTS:

¶10

1 KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM. REPRESENTED BY ITS MANAGING DIRECTOR, PIN – 695033

¶11

2 THE CHIEF ENGINEER KERALA WATER AUTHORITY (NORTHERN REGION), O/O. CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE., PIN – 673017

¶12

3 SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE MALAPPURAM, MALAPPURAM., PIN – 676505

¶13

BY ADV

¶14

P.M.JOHNY

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2023, ALONG WITH WP(C).13853/2022, 13873/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C) NO. 20836 OF 2022 & con.cases

¶17

-2-

¶18

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶19

THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 15TH DAY OF SEPTEMBER 2023 / 24TH BHADRA,

¶20

1945

¶21

WP(C) NO. 13853 OF 2022

¶22

PETITIONER:

¶23

M/S. MIDLAND ENGINEERING CONTRACTING COMPANY,
VARIKKODAN BUILDING, VALIYAPARAMBA, DOWN HILL
P.O., MALAPPURAM 676 519,
REP. BY ITS MANAGING PARTNER.

¶24

BY ADVS.

¶25

P.SHANES METHAR
N.KRISHNA PRASAD

¶26

RESPONDENTS:

¶27

1 KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 033, REP BY ITS MANAGING DIRECTOR.

¶28

2 THE CHIEF ENGINEER, KERALA WATER AUTHORITY (NORTHERN REGION), O/O. CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE 673 017.

¶29

3 SUPERINTENDING ENGINEER, O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE MALAPPURAM, MALAPPURAM, 676 505.

¶30

BY ADV

¶31

P.M.JOHNY

¶32

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2023, ALONG WITH WP(C).20836/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶33

WP(C) NO. 20836 OF 2022 & con.cases

¶34

-3-

¶35

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶36

THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 15TH DAY OF SEPTEMBER 2023 / 24TH BHADRA,

¶37

1945

¶38

WP(C) NO. 13873 OF 2022

¶39

PETITIONER:

¶40

M/S.MIDILAND ENGINEERING CONTRACTING COMPANY,
VARIKKODAN BUILDING, VALIYAPARAMBA, DOWN HILL
P.O., MALAPPURAM 676 519, REP. BY ITS MANAGING
PARTNER.

¶41

BY ADVS.

¶42

P.SHANES MATHER

¶43

N.KRISHNA PRASAD

¶44

RESPONDENTS:

¶45

1 KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 033, REP. BY ITS MANAGING DIRECTOR.

¶46

2 THE CHIEF ENGINEER, KERALA WATER AUTHORITY (NORTHERN REGION), O/O. CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE 673 017.

¶47

3 SUPERINTENDING ENGINEER, O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE MALAPPURAM, MALAPPURAM 676 505.

¶48

BY ADV P.M.JOHNY

¶49

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2023, ALONG WITH WP(C).20836/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶50

WP(C) NO. 20836 OF 2022 & con.cases

¶51

-4-

¶52

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶53

THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 15TH DAY OF SEPTEMBER 2023 / 24TH BHADRA,

¶54

1945

¶55

WP(C) NO. 13876 OF 2022

¶56

PETITIONER:

¶57

M/S. MIDLAND ENGINEERING CONTRACTING COMPANY,
VARIKKODAN BUILDING, VALIYAPARAMBA, DOWN HILL
P.O, MALAPPURAM 676 519, REP. BY ITS MANAGING
PARTNER.

¶58

BY ADVS.

¶59

P.SHANES METHAR

¶60

N.KRISHNA PRASAD

¶61

RESPONDENTS:

¶62

1 KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 033, REP. BY ITS MANAGING DIRECTOR.

¶63

2 THE CHIEF ENGINEER, KERALA WATER AUTHORITY (NORTHERN REGION), O/O. CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE 673 017.

¶64

3 SUPERINTENDING ENGINEER, O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE MALAPPURAM, MALAPPURAM 676 505.

¶65

BY ADV P.M.JOHNY

¶66

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2023, ALONG WITH WP(C).20836/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶67

WP(C) NO. 20836 OF 2022 & con.cases

¶68

-5-

¶69

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶70

THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 15TH DAY OF SEPTEMBER 2023 / 24TH BHADRA,

¶71

1945

¶72

WP(C) NO. 13946 OF 2022

¶73

PETITIONER:

¶74

MIDLAND ENGINEERING AND CONTRACTING COMPANY
VARIKODAN BUILDING, VALIYAPARAMBA, DOWN
HILL.P.O, MALAPPURAM. REPRESENTED BY ITS
MANAGING PARTNER, PIN - 676519

¶75

BY ADV P.SHANES METHAR

¶76

RESPONDENTS:

¶77

1 KERALA WATER AUTHORITY

¶78

REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033

¶79

2 THE CHIEF ENGINEER KERALA WATER AUTHORITY (NORTHERN REGION), O/O. CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE., PIN - 673017

¶80

3 SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE KOZHIKODE, MALAPARAMBA.P.O., KOZHIKODE., PIN - 676505 BY ADV P.M.JOHNY

¶81

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2023, ALONG WITH WP(C).20836/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶82

WP(C) NO. 20836 OF 2022 & con.cases

¶83

-6-

¶84

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶85

THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 15TH DAY OF SEPTEMBER 2023 / 24TH BHADRA,

¶86

1945

¶87

WP(C) NO. 13947 OF 2022

¶88

PETITIONER:

¶89

MIDLAND ENGINEERING AND CONTRACTING COMPANY
VARIKODAN BUILDING, VALIYAPARAMBA, DOWN
HILL.P.O., MALAPPURAM.
REP. BY ITS MANAGING PARTNER., PIN - 676519

¶90

BY ADVS.

¶91

P.SHANES METHAR

¶92

N.KRISHNA PRASAD

¶93

RESPONDENTS:

¶94

1 KERALA WATER AUTHORITY JALABHAVAN, VALLAYAMBALAM, THIRUVANANTHAPURAM. REP. BY ITS MANAGING DIRECTOR, PIN - 695033

¶95

2 THE CHIEF ENGINEER KERALA WATER AUTHORITY(NORTHERN REGION), O/O. CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE., PIN - 673017

¶96

3 SUPERINTENDING ENGINEER O/O. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE, KOZHIKODE, MALAPARAMBA.P.O., KOZHIKODE., PIN - 673009

¶97

BY ADV P.M.JOHNY

¶98

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2023, ALONG WITH WP(C).20836/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶99

WP(C) NO. 20836 OF 2022 & con.cases

¶100

-7-

¶101

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶102

THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 15^TH DAY OF SEPTEMBER 2023 / 24TH BHADRA,

¶103

1945

¶104

WP(C) NO. 13952 OF 2022

¶105

PETITIONER:

¶106

MIDLAND ENGINEERING AND CONTRACTING COMPANY
VARIKODAN BUILDING, VALIYAPARAMBA, DOWN
HILL.P.O, MALAPPURAM/REPRESENTED BY ITS
MANAGING PARTNER, PIN - 676519

¶107

BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD

¶108

RESPONDENTS:

¶109

1KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, JALA
BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN
- 695033

¶110

2THE CHIEF ENGINEER
KERALA WATER AUTHORITY (NORTHERN REGION)
O/O. CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE.,
PIN - 673017

¶111

3SUPERINTENDING ENGINEER
O/O. SUPERINTENDING ENGINEER,
KERALA WATER AUTHORITY, PH CIRCLE MALAPPURAM,
MALAPPURAM., PIN - 676505
BY ADV P.M.JOHNY

¶112

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2023, ALONG WITH WP(C).20836/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶113

WP(C) NO. 20836 OF 2022 & con.cases

¶114

-8-

¶115

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶116

THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 15TH DAY OF SEPTEMBER 2023 / 24TH BHADRA,

¶117

1945

¶118

WP(C) NO. 13957 OF 2022

¶119

PETITIONER:

¶120

MIDLAND ENGINEERING AND CONTRACTING COMPANY
VARIKODAN BUILDING, VALIYAPARAMBA, DOWN
HILL.P.O., MALAPPURAM. PIN - 676519
REPRESENTED BY ITS MANAGING DIRECTOR,
BY ADVS.

¶121

P.SHANES METHAR

¶122

N.KRISHNA PRASAD

¶123

RESPONDENTS:

¶124

1KERALA WATER AUTHORITY
JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM.
REPRESENTED BY ITS MANAGING DIRECTOR.,
PIN - 695033

¶125

2THE CHIEF ENGINEER
KERALA WATER AUTHORITY (NORTHERN REGION), O/O.
CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE.,
PIN - 673017

¶126

3SUPERINTENDING ENGINEER
O/O. SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, PH CIRCLE KOZHIKODE, KOZHIKODE.,
PIN - 673009
BY ADV P.M.JOHNY

¶127

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2023, ALONG WITH WP(C).20836/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶128

WP(C) NO. 20836 OF 2022 & con.cases

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¶130

JUDGMENT

¶131

This order of mine shall dispose of eight writ petitions.

¶132

Challenge has been laid to the communications

¶133

of the Kerala Water Authority; dated 16.2.2022 in

¶134

W.P(C).13947/2022, dated 14.3.2021 in W.P(C).13853/2022, W.P(C).13873/2022 and W.P(C).13876/2022, dated 16.6.2022 in W.P(C).13946/2022, dated 14.3.2022 in W.P(C).20836/2022, dated 16.3.2022 in

¶135

W.P(C).13957/2022, to execute the agreement and start the work by reducing the tender price by relying upon Government Order dated 01.09.2016 envisaging tender excess guidelines for approval of tender by competent authorities. Aforesaid Government Order dated 01.09.2016 is challenged in W.P(C).13952/2022.

¶136

Petitioner is a partnership firm and a work contractor undertaking various projects of higher stakes.

¶137

WP(C) NO. 20836 OF 2022 & con.cases

¶138

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¶139

Kerala Water authority in pursuance of the resolution dated 20.03.2021 and letter dated 08.11.2021 issued notices inviting tenders for augmentation of water supply scheme to various Panchayat works, to be submitted before the last date. Name of the works undertaken by the petitioner reads as follows:

¶140

“1. WP(C) No. 13853/2022 : EXHIBIT P1- DATED 14.03.2021(UNDER SUPERINTENDING ENGINEER PH CIRCLE MALAPPURAM)

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Name of Work;- JJM CWSS TO PONNANI AND ADJOINING PANCHAYATHA PH2 - CWSS TO MARANCHERRY VELIYANCODE PERUMPADAPP PANCHAYATHS - SUPPLYING, LAYING, TESTING AND COMMISSIONING OF DISTRIBUTION SYSTEM AND PROVIDING FHTCs IN VELIYAMCODE PANCHAYATH -PACKAGE 4A & B (CANOLI CANAL CROSSING USING 500MM HDPEPIPE”.

¶142

WP(C) No. 13873/2022 : EXHIBIT P1: DATED 14.03.2022 (UNDER SUPERINTENDING ENGINEER PH CIRCLE MALAPPURAM)

¶143

Name of Work: JJM CWSS TO PONNANI AND ADJOINING PANCHAYTHS PH 2 - CWSS TO MARANCHERY VELIYANCODE PERUMPADAPP PANCHAYATHS – SUPPLYING, LAYING, TESTING AND COMMISSIONING OF DISTRIBUTION

¶144

WP(C) NO. 20836 OF 2022 & con.cases

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¶146

SYSTEM AND PROVIDING FHTCS IN MARANCHERY PANCHAYATH- PACKAGE-3

¶147

W.P.(C) No. 13876/2022 EXHIBIT P1: DATED 14.03.2021 - (UNDER SUPERINTENDING ENGINEER PH CIRCLE MALAPPURAM)

¶148

Name of Work: “ JJM CWSS TO PONNANI AND ADJOINING PANCHAYATHA PH2- CWSS TO MARANCHERRY VELIYANCODE PERUMPADAPP PANCHAYATHS - SUPPLYING, LAYING, TESTING AND COMMISSIONING OF DISTRIBUTION SYSTEM AND PROVIDING FHTCs IN PERUMPADAPP PANCHAYATH-PACKAGE 5

¶149

W.P.(C) No.13946/2022 :- EXHIBIT P5:- DATED 16.02.2022 (UNDER SUPERINTENDING ENGINEER PH CIRCLE KOZHIKODE)

¶150

Name of Work: “JALJEEVAN MISSION - PHASE II - 2021-22, PROVIDING FUNCTIONAL HOUSE HOLD TAP CONNECTION BY AUGMENTATION AND EXTENSION OF EXISTING WSS IN MAVOOR GRAMA PANCHAYATH IN KOZHIKODE

¶151

WP(C) No. 13947/2022: EXHIBIT P1 DATED 16.02.2022(UNDER SUPERINTENDING ENGINEER PH CIRCLE KOZHIKODE)

¶152

Name of Work: WSS TO ULLIYERI, MOODADI AND ADJOINING PANCHAYATH IN KOZHIKODE DISTRICT : PACKAGE ILL ZONE II - PROVIDING FUNCTIONAL HOUSE HOLD TAP CONNECTIONS BY LAYING NEW DISTRIBUTION LINES AT

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WP(C) NO. 20836 OF 2022 & con.cases

¶154

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¶155

KOOTHALI GRAMA PANCHAYATH

¶156

W.P.(C) No. 13952/2022 EXHIBIT P5: DATED 26.03.2022 (UNDER SUPERINTENDING ENGINEER PH CIRCLE MALAPPURAM)

¶157

Name of Work: JAL JEEVAN MISSION - 21-22 CWSS TO THAZHEKKODE AND ALIPPARAMBA GRAMA PANCHAYATHS - PACKAGE-II-DESIGN AND CONSTRUCTION OF 32.00 LL, 12.00 LL, 7.00 LL CAPACITY OHSR/GLSRS RCC FOOT BRIDGE, SUPPLYING AND LAYING OF CLEAR WATER PUMPING GRAVITY MAINS, SUPPLY AND ERECTION OF RAW WATER, CLEAR WATER PUMPSETS AND TRANSFORMER AT WTP SITE, POWER CONNECTION WORK”

¶158

WP (C) No. 13957/2022: EXHIBIT P1. DATED 16.03.2022: (UNDER SUPERINTENDING ENGINEER PH CIRCLE KOZHIKODE)

¶159

Name of Work: JJM(2021-22) - ARWSS TO KRISHNAGIRI. PURAKKADY, AND AMBALAVAYAL VILLAGES PROVIDING FUNCTIONAL HOUSE HOLD TAP CONNECTION IN MEENAGADI PANCHAAYTH(7550FHTC)

¶160

8.W.P.(C) No. 20836/2022: (UNDER SUPERINTENDING ENGINEER PH CIRCLE MALAPPURAM)

¶161

Name of Work: JJM - WSS TO CHEEKODE AND ADJOINING VILLAGES SUPPLY LAYING BALANCE DISTRIBUTION WITH FHTC IN KUZHIMANNA

¶162

WP(C) NO. 20836 OF 2022 & con.cases

¶163

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¶164

GRAMA PANCHAYATH IN MALAPPURAM DISTRICT”

¶165

The e-tender notice envisaged that the selection process would be based upon Quality and Cost Based Selection (QCBS) method for projects greater than Rupees Five Crores as per the Board Resolution 11141 dated 23.02.2021. The detailed tender notice accompanied by the aforementioned e-notice envisaged the name of the project, work and the process of the receipt of the tenders containing technical and Financial bids. It also envisaged that the technical bids will be opened in the presence of the bidder or the authorised representative by the Superintendent Engineer and thereafter on receipt of the communication from the Superintendent Engineer of acceptance of technical bid tenderers would be informed of opening the financial bids. Condition No.7 of the detailed tender notice also re-iterated that the tender would be awarded to the bidder with the QCBS method i.e., the “Score Pattern”

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WP(C) NO. 20836 OF 2022 & con.cases

¶167

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¶168

which was attached as annexure and shown in 7.16.1 which consists of various stages i.e., stage 1 to stage 4 – evaluation of technical bid, marks obtained in technical bid, evaluation of financial bid, conversion of financial bid amount to score, combined technical and financial score. Condition Number 7.9 also prescribed that the price bid would be submitted only in the format of Bill of Quantity (BOQ) and on variation of the price bid, as per clause 7.9.3, the tenderer was bound to carry out the work as per the specification at ‘Quoted Rate’ which was further qualified that nothing inferior to the specification as per the scope of work included as part of the Notice Inviting Tender (NIT) shall be acceptable.

¶169

Petitioner along with other bidders submitted the bids in pursuance to the notice inviting tenders containing detailed tender notice and the conditions and had undergone all the stages noticed above. Vide impugned communications was called upon to enter into an agreement but with a rider to reduce the amount. It

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WP(C) NO. 20836 OF 2022 & con.cases

¶171

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¶172

is the aforementioned conditions which is under

¶173

challenge in the present writ petitions on the following points:

¶174

1)Rules of the gam e onc e begun cannot be deviated at the time of awarding of the work.

¶175

The impugned condition in the communications was based upon the decision of the Government dated 01.09.2006 which was on the pattern of “Two Bids System”.

¶176

The said two bids system was done away with as per the Board Resolution 11141 in the 419^th meeting held on 23.02.2021 which was made public on 20.03.2021 where authority after discussing the matter in detail, decided to implement the quality and cause based selection i.e., QCBS method of selecting the bidders mandatorily for all tenders with Tender Probable Amount of Contract (TPAC) above Rupees Five Crores in the Kerala Water Authority.

¶177

The aforementioned condition was further modified by communication dated 08.11.2021 whereby the existin g QCBS Score sheet, Format Q3, Format Q4 were modifed. i Ext.P4 was under QCBS format.

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WP(C) NO. 20836 OF 2022 & con.cases

¶179

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¶180

All petitioners are successful bidders and the course adopted by the respondent No.3 is against the law of contract. Thus, the act of respondent No.3 is beyond jurisdiction as the provisions of the notice inviting tender cannot be departed or deviated.

¶181

On the other hand, learned Standing Counsel representing the respondent No.3 supported the impugned communications on various points.

¶182

QCBS is the only guidelines. Rate was fixed in accordance with Ext.P1. Therefore, they are not bound by the rate quoted by rank No.1. Clause 2C of the Government Letter dated 01.09.2016 dealt with admissible tender excess wherein all agencies taking up the public works were required to ensure that the tender of the lowest bidder will be accepted after following the criteria, that is either of the three conditions i.e., the Quated Rate of the lowest bidder or PWD local market rates or current Delhi schedule of rates with latest cost index plus

¶183

WP(C) NO. 20836 OF 2022 & con.cases

¶184

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¶185

10% tolerance limit.

¶186

2) Kerala Water Authority is bound to follow the modalities of the tender procedure prevailing in the Public Works Department, Government of Kerala for award of the contracts. Therefore, terms and conditions of the PWD Manual were made applicable to the contracts to be executed by the Kerala Water Authority.

¶187

The rate quoted by the petitioner contractor was more than the TPAC i.e., the Tender Probable Amount of Contract. QCBS system is only for selecting tender and not for selecting the rate of the tender.

¶188

QCBS and the tender conditions are only for the purpose of entitling the best tender but the rate at which the work can be awarded is based as per the Government Order.

¶189

Tenderer is at liberty either to accept or reject the work if the awarded amount is less than the

¶190

WP(C) NO. 20836 OF 2022 & con.cases

¶191

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¶192

Quoted Rate. In other words, there is no compulsion on the tenderer to accept the offer rates if less than Quoted Rates.

¶193

Terms and conditions of tender do not contain any condition that the work would be allotted to the highest rank at L1 rate. There is no arbitrariness on the part of the tender committee and therefore this Court should be circumspect in causing interference under Article 226 of the Constitution of India. There is no deviation from the NIT conditions and urged this Court for dismissal of the writ petitions.

¶194

I have heard learned counsel for the parties and appraised the paper books.

¶195

In order to appreciate the arguments of the respective parties, it would be necessary for this Court to refer to the terms and conditions of the notice inviting tenders and resolution dated 23.02.2021:

¶196

1. E-TENDER NOTICE

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WP(C) NO. 20836 OF 2022 & con.cases

¶198

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¶199

The Superintending Engineer. P.H Circle, Kerala Water Authority, Kozhikode invites sealed competitive electronic tenders in TWO level system for the following work from Registered Class A contractors of Kerala Water Authority or contractors Registered in other departments in Kerala State / in other states in India/ in equivalent class and manufacturers eligible for A class license from Kerala Water Authority/reputed contracting firms in India. The tenderers shall have experience in implementing similar works. The selection process will be based on Quality and Cost Based Selection (QCBS) method for projects greater than Rs5 crores as per Board Resolution No. 11141 dated 23/02/20217.

¶200

XXXXXXX

¶201

XXXXXXX

¶202

KERALA WATER AUTHORITY

¶203

2.DETAILED TENDER NOTICE

¶204

XXXXXX

¶205

XXXXXX

¶206

The selection process will be based on Quality and Cost Based Selection (QCBS) method for projects greater than Rs 5 crores as per Board Resolution No.11141 dated 23/02/2021. The tender will be awarded to the

¶207

WP(C) NO. 20836 OF 2022 & con.cases

¶208

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¶209

bidder with the highest score based on QCBS method. Score pattern of QCBS is attached as annexure with the bid document and sample calculation of QCBS method is shown in 7.16.1. Bidder shall have to qualify pre-qualification criteria of this tender document for the work under reference. Bidder shall submit the required supporting documents relevant to qualification criteria, for technical evaluation of the bid.

¶210

KERALA WATER AUTHORITY

¶211

7.TENDER CONDITIONS:PART-1

XXXXXXX

XXXXXXX

XXXXXXX

7.9.3 VARIATION OF PRICE BID

¶216

The tenderer is bound to carry out the work as per the specification at the quoted rate. Nothing inferior to specification as per the scope of work included as acceptable. Price variation on any account shall not be permitted of this NIT shall be not explicitly specified otherwise in this NIT and the tenderer is expected to follow sound engineering practices in his designs and cost calculations. Changes in statutory taxes/levies, if any, shall be applied on cost of pipe in case of pipeline works, involving pipe supply, In all such

¶217

WP(C) NO. 20836 OF 2022 & con.cases

¶218

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¶219

cases the duties, levies, and taxes in percentage that he has considered in the quoted amount and the cost of pipes shall be declared by the tenderer while subnjung his price bid. Any escalation/reduction in statutory duties and levies will be applied only on the basic price of pipes and specials. No escalation in statutory taxes, duties and levies etc. shall be allowed beyond the approved period as per the procurement schedule, accepted and included in the agreement.

¶220

xxxxxxxx

¶221

xxxxxxxx

¶222

7.16.1 Sample calculation of Quality and Cost Based Selection (QCBS) method Scoring pattern followed depends on the type and requirement of the project.

¶223

Stage 1 : Technical Bid Evaluation

¶224

Bidder details	Technical mark obtained
Bidder 1	90
Bidder 2	80
Bidder 3	70
Stage 2	Financial Bid Evaluation
Bidder details	Financial Bid Amount
Bidder 1	1,50,000
Bidder 2	1,30,000

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¶226

 -22-

¶227

Bidder 3 1,10,000

¶228

Stage 3: Conversion of Financial Bid amount to score

¶229

Bidder details	Financial Bid Amount Financial Score (LFB-F x 100)
Bidder 1	1,50,000110000 150000 x 100=73.33
Bidder 2	1,30,00010000/130000 x 100=84.62
Bidder 3	1,10,000 100
LFB-Lowes	t Financial Bid, F-Quoted Amount
Stage 4: (CIFS)	Combined Technical and nancial score
Bidder details	Applying weights for Technical and Financial Score CIFS Evaluated rank of the bidder
Weightage	50:50
Bidder 1	90x50/100+7 3.33 x 50/100 81.67 Rank 3
Bidder 2	80x50/100+8 4.62 x 50/100 82.31 Rank 2
Bidder 3	70x50/100+1 00 x 50/100 85 Rank 1
Weightage	60:40
Bidder 1	90x60/100+7 3.33 x 40/100 Rank 1
Bidder 2	80x60/100+8 4.62 x 40/100 Rank 3
Bidder 3	70x60/100+1 00 x 40/100 Rank 2
Weightage	70:30
Bidder 1	90x70/100+7 3.33 x 30/100 84.99 Rank 1
Bidder 2	80x70/100+8 4.62 x 30/100 81.39 Rank 2

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¶231

-23- Bidder 3 70x70/100+1 79 Rank 3 00 x 30/100

¶232

“Website: http://www.kwa.kerala.gov.in

¶233

Fax:91-0471-2324903 Tel:0471-2328654

¶234

KERALA WATER AUTHORITY

¶235

Jalabhavan Thiruvananthapuram-695033 Kerala

¶236

PROCEEDING OF THE MANAGING DIRECTOR

¶237

Sub:- Implementation of Quality and Cost Based Selection (QCBS) method of selecting bidders in Kerala Water Authority, Tendering of Civil, Electrical and Mechanical works together for comprehensive water supply schemes, Modification of existing NIT clause 7.14Orders Issued - Reg

¶238

No.3334/AE(TMU)/2021/KWA Dated:20.03.2021

¶239

Read:- Resolution No.11141 of the 419^th meeting of KWA held on 23/02/2021

¶240

Kerala Water Authority is responsible to complete many high valued projects to extent

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WP(C) NO. 20836 OF 2022 & con.cases

¶242

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¶243

piped water supply and sewerage system across the state. In order to bring about a system, in which these projects are completed in a time bound manner using modern technology, increased output benefitting more population, the recommendations for modifying the bid selection criteria and monitoring was placed before the Authority in its 419^th meeting held on 23/02/2021 and the Authority resolved to approve the recommendations vide resolution number 11141.

¶244

1.Implementation of Quality and Cost Based Selection (QCBS) method of selecting bidders in Kerala Water Authority

¶245

Kerala Water Authority has been following a standard bid document approved by the Board (Mother NIT) for all works and the lower limit of pre qualification tender for all works (except Water Treatment Plant and Sewage Treatment Plant) was raised to 5 crores. The tender submitted by the tenderer / firm are evaluated in two phases. Phase 1 - Technical evaluation and Pre qualification of tenderers and Phase 2- Evaluation of price bid of the prequalified tenderers. Presently, Kerala Water Authority is following L1 system under which lowest bidder is given the contract. Construction of water supply infrastructure project and sewerage

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¶247

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¶248

projects are having both complexity and high impact and hence L1 system may not be the most appropriate method for delivering the results taking into account of the high impact of the project. In order to get complex technological solutions at the best prices for the larger benefit of public, Quality and cost-Based Selection (QCBS) as an alternative strategy for bidding has to be considered.

¶249

The Authority resolved to implement Quality and Cost Based Selection (QCBS) method of selecting bidders mandatorily for all tenders with Tender Probable Amount of Contract (TPAC) above Rs.5 crores in KWA.

¶250

2.Tendering of Civil, Electrical and Mechanical works together for comprehensive water supply schemes

¶251

The Authority discussed the present tendering method of comprehensive water supply scheme in Kerala Water Authority in which Civil, Electrical and Mechanical works are tendered separately. The Authority observed that the delay in completing any one of the above works will affect the successful time bound completion and commissioning of the whole project. Hence the Authority resolved that Civil, Electrical and Mechanical works shall

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¶254

be tendered together to avoid delay, cost overrun, loss of production, revenue etc. Bidders having independent experience in civil, electrical and mechanical works can associate in the form of Joint Venture (JV) to execute the work.

¶255

3. Modification of existing NIT clause 7.14

¶256

As per the existing NIT Clause 7.14 the contractor shall prepare a CPM chart along with the detailed schedule bar chart for implementation of the work and submit along with the tender. For timely completion of works proper scheduling and coordination of all tasks, keeping track of the progress of the work etc are necessary throughout the project. For effective planning, scheduling and execution of different activities simultaneously to complete the work within the stipulated time work schedule in CPM PERT, represented in GANTT Chart, AON diagram shall also be prepared by the Tendering Authority.

¶257

For the effective implementation of the projects, the Authority resolved to modify the existing NIT Clause 7.14 as follows:

¶258

Clause Existing Clause Modified Clause No.

¶259

The work shall be The work shall be

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WP(C) NO. 20836 OF 2022 & con.cases

¶261

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¶262

	completed in all	completed in all
	respects within…..	respects
	months from the	within....months
	date of award of	from the date of
	work. This period	award of work. This
	of execution is	period of execution
7.14	inclusive of the	is inclusive of the
	monsoon season.	monsoon season.
	CPM chart along	The Contractor
	with the detailed	shall follow the
	schedule bar	work schedule
	chart shall also be	prepared by the
	furnished with the	Tendering Authority
	tender. The	in CPM PERT,
	schedule bar	which will be made
	chart shall	available to the
	indicate the	contractor in the
	weightage of each	form of GANTT
	element/activity	chart and AON
	with respect to	diagram provided
	the total quoted	with the bid
	amount for the	document to
	project.	complete the work
		within the
		stipulated time period.

¶263

The Authority also resolved in common to modify / include necessary clauses in the existing Mother NIT to implement the above said suggestions to complete all works on time.

¶264

Under these circumstances, sanction is hereby accorded for the following

¶265

To implement Quality and Cost Based Selection (QCBS) method of selecũng bidders

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WP(C) NO. 20836 OF 2022 & con.cases

¶267

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¶268

mandatorily for all tenders with Tender Probable Amount of Contract (TPAC) above Rs. 5 crores in KWA.

¶269

Civil, Electrical and Mechanical works shall be tendered together to avoid delay, cost overrun, loss of production, revenue etc. Bidders having independent experience in civil, electrical and mechanical works can associate in the form of Joint Venture (JV) to execute the work.

¶270

Modify existing NIT Clause 7.14 as follows:

¶271

Clause No.	Existing Clause	Modified C	i lause
	The work shall be	The work	shall be
	completed in all	completed	in all
	respects within....	respects
	..months from the	within.....m	onths
	date of award of	from the	date of
	work. This period	award of w	ork. This
	of execution is	period of	execution
	inclusive of the	is inclusiv	e of the
	monsoon season.	monsoon	season.
	CPM chart along	The C	ontractor
	with the detailed	shall fol	low the
7.14	schedule bar	work	schedule
	chart shall also	prepared	by the
	be furnished with	Tendering	Authority
	the tender. The	in CPM	/ PERT,
	schedule bar	which will	be made
	chart shall	available	to the
	indicate the	contractor	in the
	weightage of	form of	GANTT

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WP(C) NO. 20836 OF 2022 & con.cases

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¶274

each	chart and	AON
element/activity	diagram pro	vided
with respect to	with the	bid
the total quoted	document	to
amount for the	complete the	work
project.	within stipulated period.	the time

¶275

Sanction is also accorded to modify, include necessary clauses in the existing Mother NIT to implement the above said suggestions to complete all works on time. All tendering officers are hereby directed to follow the above in all future tenders.

¶276

Sd/-

¶277

Venkatesapathy S. IAS

¶278

Managing Director

¶279

On perusal of the terms and conditions of the

¶280

notice and resolution ibid it is evident that the Kerala Water Authority in unison decided for the purpose of carrying out the tender works to implement the QCBS system, i.e., 60% technical and 40% financial and for that, clause 7.16.1 reproduced above envisaged the

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WP(C) NO. 20836 OF 2022 & con.cases

¶282

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¶283

various stages of both technical as well as financial works. By noticing the aforementioned conditions, the petitioner and other tenderers submitted the tender well before the last date along with the requisite formalities and deposit. Their technical bids as per the procedure of the condition were evaluated by the Superintendent Engineer and thereafter financial bids were opened in their presence. It was only thereafter petitioner was found to be successful by obtaining rank No.1. Till such time there was no difficulty either for the Kerala Water Authority or for the petitioner to go ahead with the project and also by executing the purported agreement containing certain conditions for completion of the work within the time line.

¶284

However vide impugned communication, the contents of one of the letter dated 16.02.2022 which is extracted hereinbelow, respondents deviated from the conditions of the tender and followed the old pattern of two bids system strictly as per the letter dated

¶285

WP(C) NO. 20836 OF 2022 & con.cases

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¶287

01.09.2016:

¶288

“ KERALA WATER AUTHORITY

¶289

Office of the Superintending Engineer, P.H. Circle, Kozhikode, Malaparamba P.O, Pin-673 009.

¶290

No SE/PHC/KKD/D6-1484/2021 Dated16.02.2022

¶291

From

¶292

The Superintending Engineer

¶293

¶294

M/s.Midland Engineering and Contracting Company

Varikodan Building

Down Hill

Malappuram

Sir,

Sub:- WSS To Ulliyeri, Moodadi And Adjoining Panchayath in Kozhikode District: Package III – Zone II – Providing Functional House Hold Tap Connections By Laying New Distribution Lines at Koothali Grama Panchayath – Work Order issuing - Reg-

¶300

Ref:- 1 AS No GO(Rt) No.489/2021/WRD dated 18/09/2021 for Rs 4963.50 lakhs.

¶301

2 TS Order Number:TS/20212022/2021/37044, dtd 08/12/2021 for Rs 3605 lakhs

¶302

WP(C) NO. 20836 OF 2022 & con.cases

¶303

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¶304

e tender No. SE/PHC/KKD/232021-22 Dtd 18/12/2021

¶305

Order No KWACENR/D3-39422/2021(JJM), Dated 15/02/2022 of the Chief Engineer, Northern Region, KWA, Kozhikode.

¶306

With reference to the above, you are hereby informed that your tender for the above work is accepted for an amount of Rs. 27,00,00,000/- (Rupees Twenty Seven Crores only) which is 3.18 % above the tendered PAC of Rs. 26,16,78,749.97/-

¶307

You are directed to attend this office on or before 02/03/2022 with required Kerala Stamp paper worth Rs.1,00,000/- (0.1% of accepted PAC, Max Rs 1,00,000) to execute agreement and to start the work after getting necessary instructions from the Executive Engineer Projects Division, Kozhikode.

¶308

Before executing the agreement you should provide Performance gruarantee of Rs.1,35,00,000/- (Rupees One Crore Thirty Five Lakhs Only . At least fifty percent (50%) of this shall be in the form of Treasury Fixed Deposit and the balance in the form of Bank Guarantee and produce the pass book duly pledged in favour Superintending Engineer, PH Circle, Kozhikode for fulfilment of contract. It is

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WP(C) NO. 20836 OF 2022 & con.cases

¶310

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¶311

informed that no interest shall be payable by KWA upon the security deposit or amount payable to the contractor under the contract. The EMD furnished along with tender will be released on receipt of the Performance guarantee and written request. You are not allowed to convert the EMD submitted by you as Performance Guarantee

¶312

2 Any failure in this direction will be liable to result in the forfeiture of your offer, Permanent Earnest Money and the cancellation of the proposed contract and the contractor shall be able to pay the Authority the entire loss that may be caused to Authority by the re-tender or the rearrangement of the work or otherwise consequent on the contractor’s failure to execute the agreement or execute the work as provided for in the clause of the Notice Inviting Tender and all such loss shall be recovered from the contractor under the provision of the Revenue Recovery Act or otherwise

¶313

3 It must be understood that on no account the rates once fixed will be increased Payment will be made as per the availability of funds for the scheme.

¶314

4 The work should be completed in all respects within 12 Months from the date of work order.

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WP(C) NO. 20836 OF 2022 & con.cases

¶316

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¶317

All terms and conditions of contract and special condition shall be binding on the contract.

¶318

6 The contractor shall take fer charge of the site within 10 days after executing agreement and commence the work

¶319

The Contractor should complete the work in all respect as per scope of work within the accepted PAC of Rs.27,00,00,000/-

¶320

8 The contractor shall engage a licensed plumber to lay service lines in FHTCs as per the judgment in WPC18399/2020 dated 08/09/2020 of the High Court of Kerala

¶321

9 Payment will be made to the contractor for the total value of the work plus applicable GST

¶322

10% of Accepted PAC is to be secured by beneficiaries This can be in the form of cash, kind, labour or materials. Hence if beneficiaries contribution is in any form other than cash such items will be accounted accordingly In such case measurements will be made separately and the contractor will be entitled for payments of such measurements

¶323

Yours faithfully,

¶324

Dr Gireesan P

¶325

Superintending Engineer

¶326

WP(C) NO. 20836 OF 2022 & con.cases

¶327

 -35-

¶328

Copy To

¶329

Chief Engineer (NR), Kerala Water Authority, Kozhikode for favour of information

¶330

Executive Engineer, Project Division, KWA, Kozhikode for necessary action.

¶331

The date of handing over the site to the contractor shall be reported to this office

¶332

The cost for geo tagging (@Rs. 20), Statutory fees for water connection(@Rs.575/- and additional connection fee @Rs.500/- should be recorded in the measurement book.

¶333

RAO.”

¶334

This Court while admitting the writ petitions issued the interim order making it clear that the execution of the agreement will be without prejudice to the contentions of the petitioner. It is settled law that the terms and conditions of the tender cannot be deviated in mid way; in other words, once the rule of business has started it cannot be deviated as per the choice of the authority competent to accept the tender, after undergoing the rigmarole/process of examination of both technical and financial bids. This is precisely what has been done giving a cause to the petitioner to

¶335

WP(C) NO. 20836 OF 2022 & con.cases

¶336

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¶337

approach this Court, which in my view is a prima facie act of not only arbitrariness but contumacious. The whole purpose of awarding the work is to provide water supply to various Panchayats or the public living in the particular area. But it has been seen that the litigation at the hand of the State Government sometimes becomes inevitable when certain stringent conditions which are unknown to the rules of contract are unnecessarily implored. It cannot be countenanced that such conditions can go unnoticed from the scrutiny of the Court while exercising the power of judicial review under Article 226 of the Constitution of India.

¶338

I am of the view that the impugned communication directing the petitioner to reduce the Quoted Rate strictly not as per the terms and conditions of the tender by applying the contents of Government Order dated 01.09.2016 is not only incorrigible but fallacious and contumacious. Accordingly, the said condition in the impugned orders is hereby quashed.

¶339

WP(C) NO. 20836 OF 2022 & con.cases

¶340

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¶341

Writ petitions are allowed. Writ in the nature of mandamus is issued to the respondents to issue fresh work orders to the petitioner at their Quoted Rate and enter into supplemental agreements accordingly, within a period of two months, so that the petitioner contractor is able to carry out the contract within the time line and further direction is issued that in case certain works were executed, respondents shall pay to petitioners based on the agreements/supplemental agreements within one month.

Sd/-

AMIT RAWAL JUDGE

WP(C) NO. 20836 OF 2022 & con.cases

¶346

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¶347

APPENDIX OF WP(C) 13853/2022

¶348

PETITIONER EXHIBITS

¶349

EXHIBIT P1TRUE COPY OF THE SELECTION NOTICE NO.
SE/PHC/MPM/DBI/JJM/45430 (A & B),
/2021 DATED 14.03.2021.
EXHIBIT P2TRUE COPY OF THE TENDER NOTICE
NO.SE/PHC/MPM/47/2021-22 OF THE 3RD
RESPONDENT.
EXHIBIT P3TRUE COPY OF PROCEEDINGS O. 3334/AE
(TMU) /2021/KWA DATED 20.03.2021 OF
THE MANAGING DIRECTOR KWA.
EXHIBIT P4TRUE COPY OF PROCEEDINGS NO.
3334/AE(TMU)/2021/KWADATED
08.11.2021.
EXHIBIT P5TRUE COPY OF THE G.O.(P) NO.
133/2016/FIN DATED 01.09.2016.

¶350

WP(C) NO. 20836 OF 2022 & con.cases

¶351

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¶352

APPENDIX OF WP(C) 13873/2022

¶353

PETITIONER EXHIBITS

¶354

`EXHIBIT P1`	`TRUE COPY OF THE` `SE/PHC/MPM/DBI/440` `14.03.2021.`	`SELEC` `26/202`	`TION NOTICE NO` `1` `DATED`
`EXHIBIT P2`	`TRUE COPY OF THE` `SE/PHC/MPM/43/2021` `RESPONDENT.`	`TEND` `-22`	`ER NOTICE NO.` `OF THE 3RD`
`EXHIBIT P3`	`TRUE COPY OF PROC` `(TMU)/2021/KWA DAT` `MANAGING DIRECTOR`	`EEDIN` `ED 20` `KWA.`	`GS NO. 3334/AE` `.03.2021 OF THE`
`EXHIBIT P4`	`TRUE COPY OF` `3334/AE/(TMU)/2021` `08.11.2021.`	`PRO` `/KWA`	`CEEDINGS NO.` `DATED`
`EXHIBIT P5`	`TRUE COPY OF` `133/2016/FIN DATED`	`THE` `01.09`	`G.O.(P) NO.` `.2016.`

¶355

WP(C) NO. 20836 OF 2022 & con.cases

¶356

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¶357

APPENDIX OF WP(C) 13876/2022

¶358

PETITIONER EXHIBITS

¶359

EXHIBIT P1TRUE COPY OF THE SELECTION NOTICE NO.
SE/PHC/MPM/DBI/JJM/373/2021DATED
14.03.2021.
EXHIBIT P2TRUE COPY OF THE RELEVANT PORTION OF
THETENDERNOTICENO.
SE/PHC/MPM/46/2021-22 OF THE 3RD
RESPONDENT.
EXHIBIT P3TRUE COPY OF PROCEEDINGS NO.
3334/AE(TMU)/2021/KWA DATED 20.03.2021
OF THE MANAGING DIRECTOR KWA.
EXHIBIT P4TRUE COPY OF PROCEEDINGS NO.
3334/AE(TMU)/2021/KWADATED
08.11.2021.
EXHIBIT P5TRUE COPY OF THE G.O.(P) NO.
133/2016/FIN DATED 01.09.2016.

¶360

WP(C) NO. 20836 OF 2022 & con.cases

¶361

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¶362

APPENDIX OF WP(C) 13946/2022

¶363

PETITIONER EXHIBITS

¶364

EXHIBIT P1TRUE COPY OF THE G.O.(P) 133/2016/FIN
DATED 01.09.2016

¶365

EXHIBIT P2TRUE COPY OF THE PROCEEDINGS DATED
20.03.2021 OF THE MD KWA
EXHIBIT P3TRUE COPY OF THE COMMUNICATION DATED
08.11.2021
EXHIBIT P4TRUE COPY OF THE TENDER NO.
SE/PHC/KKD/20/2021-22 OF THE 3RD
RESPONDENT
EXHIBIT P5TRUE COPY OF THE SELECTION NOTICE NO.
SE/PHC/KKD/D3-1481/2021DATED
16.02.2022

¶366

WP(C) NO. 20836 OF 2022 & con.cases

¶367

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¶368

APPENDIX OF WP(C) 13947/2022

¶369

PETITIONER EXHIBITS

¶370

EXHIBIT P1TRUE COPY OF THE SELECTION NOTICE NO.
SE/PHC/KKD/D6-1484/2021DATED
16.02.2022. (RELEVANT PAGES)
EXHIBIT P2TRUE COPY OF THE RELEVANT PAGES OF
TENDER NOTICE NO. SE/PHC/KKD/23/2021-
22 OF THE 3RD RESPONDENT
EXHIBIT P3TRUE COPY OF THE PROCEEDINGS NO.
3334/AE(TMU)/2021/KWA DATED 20.03.2021
OF MD, KWA
EXHIBIT P4TRUE COPY OD THE PROCEEDINGS
NO.3334/AE(TMU)/2021/KWADATED
08.11.2021
EXHIBIT P5TRUE COPY OF THE G.O.(P) NO.
133/2016/FIN DATED 01.09.2016

¶371

WP(C) NO. 20836 OF 2022 & con.cases

¶372

 -43-

¶373

APPENDIX OF WP(C) 13952/2022

¶374

PETITIONER EXHIBITS

¶375

EXHIBIT P1TRUE COPY OF THE G.O.(P) DATED
133/2016/FIN DATED 01.09.2016

¶376

EXHIBIT P2TRUE COPY OF THE PROCEEDINGS OF THE
MD, KWA DATED 20.03.2021
EXHIBIT P3TRUE COPY OF THE COMMUNICATION DATED
08.11.2021CIRCULATEDTOCHIEF
ENGINEERS
EXHIBIT P4TRUE COPY OF THE TENDER NO.
SE/PHC/MPM/36/2021-22 PUBLISHED BY THE
3RD RESPONDENT (RELEVANT PAGES)
EXHIBIT P5TRUE COPY OF THE SELECTION NOTICE
NO.SE/PHC/MPM/DB4/39245/2021DATED
26.03.2022 OF THE 3RD RESPONDENT
(RELEVANT PAGES)

¶377

WP(C) NO. 20836 OF 2022 & con.cases

¶378

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¶379

APPENDIX OF WP(C) 13957/2022

¶380

PETITIONER EXHIBITS

¶381

`EXHIBIT P1`	`TRUE COPY OF THE SEL` `NO.1236/D5/2021/PHC-KKD` `16.03.2022`	`ECTIO`	`N NOTICE` `DATED`
`EXHIBIT P2`	`TRUE COPY OF THE E-` `NO.SE/PHC/KKD/31/2021-22` `RESPONDENT`	`TENDE` `OF`	`R NOTICE` `THE 3RD`
`EXHIBIT P3`	`TRUE COPY OF THE` `NO.3334/AE(TMU)/2021/KWA` `20.03.2021 OF THE MANA` `KERALA WATER AUTHORITY`	`PR` `GING`	`OCEEDINGS` `DATED` `DIRECTOR,`
`EXHIBIT P4`	`TRUE` `COPY` `OF` `NO.3334/AE(TMU)/2021/KWA` `08.11.2021`	`THE`	`LETTER` `DATED`
`EXHIBIT P5`	`TRUE COPY OF THE` `133/2016/FIN DATED 01.09`	`G.O.` `.2016`	`(P) NO.`

¶382

WP(C) NO. 20836 OF 2022 & con.cases

¶383

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¶384

¶385

PETITIONER EXHIBITS

¶386

EXHIBIT P1TRUE COPY OF THE REVISED WORK ORDER
NO.SE/PHC/MPM/DB4/38679/2021DATED
15.02.2022
EXHIBIT P2TRUE COPY OF THE E-TENDER NOTICE
(EXHIBITS P1 AND P2 ARE REPLACED AND
SUBSTITUTEDVIDEORDERDATED
15.09.2023 IN I.A.NO.1 OF 2023)
EXHIBIT P3TRUE COPY OF THE PROCEEDINGS NO.
3334/AE(TMU)/2021/KWADATED
20.03.2021 OF THE MD , KWA
EXHIBIT P4TRUE COPY OF THE PROCEEDINGS NO.
3334/AE(TMU)/2021/KWA DATED 08.11.2021
EXHIBIT P5TRUE COPY OF THE G.O.(P) NO.
133/2016/FIN DATED 01.09.2016

M/S.Midiland Engineering Contracting Company, v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

M/S.Midiland Engineering Contracting Company, v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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