Authorities Should Avoid Repeated Errors In Tender Notices; Not Desirable To Frequently Give & Recall Advertisements: Delhi High Court

The Delhi High Court today observed that though Central Government and its agencies are empowered to issue and recall tenders as per the requirement, however, such powers must be exercised cautiously.

"It is not desirable to frequently give advertisements inviting tenders and cancelling the same thereof," remarked a Bench of Chief Justice DN Patel and Justice Jyoti Singh.

The Bench was hearing a public interest litigation for expeditious construction of High Altitude Hill Road from Ladda to Basai from Km 0.000 to Km 32.260 in East Kameng District of the State of Arunachal Pradesh.

The PIL was filed by All Arunachal Pradesh Border Students Union for the villagers residing in near vicinity.

It was highlighted that the notice inviting tender for construction of the aforesaid road has been cancelled by the authority concerned, thrice— in February 2021, in August 2021 and in September 2021, constraining the Petitioner to approach the Court.

After hearing the Petitioner, the Court made it clear that for administrative exigencies, Respondents have all power, jurisdiction and authority to cancel the Tender.

Nonetheless, looking to importance of road in question and as representation was already preferred by Petitioner the dated 4 October 2021, the Court directed the authorities to look into the grievances ventilated in the petition as early as possible.

"It is also to be kept in mind that it is not desirable to frequently give advertisements inviting tenders and repeatedly cancelling the same thereof. Repeated errors should have been avoided by Respondents in notice inviting tenders," the Court cautioned.

Case Title: All Arunachal Pradesh Border Students Union v. Union of India