Tanvi Pilane
Published on: March 22, 2022 11:50 IST
The High Courts were cautioned by the Supreme Court on Monday against staying tender processes for Infrastructure Projects as it found that litigation has become synonymous to such Contracts or Tenders resulting in a delay in their execution at the expense of taxpayers.
The Court, while faulting the Jharkhand High Court for staying the contract executing the reconstruction of Nagaruntari-Dhurki-Ambakhoriya Road stated,
“Any contract of public service should not be interfered with lightly and in any case, there should not be any interim order derailing the entire process of the services meant for larger public food.”
Justice Gupta observed, “The Writ court should refrain itself from imposing its over the decision of the employer as to whether or not to accept the bid of a tenderer. The Court does not have the expertise to examine the terms and conditions of the present-day economic activities of the State and this limitation should be kept in view.”
Even if the High Court finds total arbitrariness or award of render in a malafide manner, the Bench said, the High Courts should still refrain from interfering in the grant of tender.
The Supreme Court stated, “The injunction or interference in the tender leads to additional costs on the state and is also against public interest Therefore, the State and its Citizens suffer twice, firstly by paying escalation costs and secondly, by being deprived of the infrastructure for which the present-day governments are expected to work.”
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