The Gauhati High Court recently closed a Public Interest Litigation (PIL) filed against the Notice Inviting e-Tender (NIT) dated 14.01.2021 issued by the Executive Engineer, Engineering Wing, Department of Education, Itanagar.
The PIL has been filed by the Assistant General Secretary of All Arunachal Volunteers Sena and the President of All Lower Subansiri Youth Association, respectively.
The first grievance raised is that the NIT was not given adequate publicity and there was only one participating bidder and the said bidder, who was allotted the work does not meet the eligibility criteria.
The second ground raised is that the construction of the school is being done on private land and, therefore, may affect public interest.
The third ground taken is that the work in question is pursuant to a sanction by the Central Government of Rs 36 crore for the purpose of construction of the residential school, but out of the Rs 36 crore, NITs have been floated only in respect of Rs 34 crore leaving a balance of Rs 2 crore, which, according to the petitioners, would be misappropriated.
Regarding the first ground taken that the NIT dated 14.01.2021 was not given due publicity, T. Jamoh, standing counsel for the Education Department, Government of Arunachal Pradesh, upon instruction states that the NIT was published on 16.01.2022 in two leading daily newspapers of Arunachal Pradesh.
Further, records reveal that three tenderers had responded to the NIT and not one as read by the petitioners. It is also stated that the work in question has already started and is smoothly proceeding.
As regards the second contention that the contractor in question who was allotted the work is not eligible, it is stated that the said allegation is also incorrect, unfounded and without any basis.
As regards the allegation the land in question is being constructed over a private plot of land, the Itanagar Bench of Justice A. M. Bujor Barua and Justice Robin Phukan noted that no private person has come forward before the Court to allege that his private land has been encroached upon for the purpose of construction of a school building. It appears that no one is aggrieved in that respect other than the petitioners, observed the High Court.
In the circumstance, T. Torum, counsel for the petitioner, seeks not to further pursue with the PIL. Therefore, the PIL is closed by the Court.