SHILLONG, Oct 3: The High Court of Meghalaya has issued an order directing that the tender process for procurement of the aluminium roofing sheets floated by the Housing department be suspended till the next date to enable the state respondents to come back with instructions/affidavit.
“As considerable public interest is involved and in order to examine the process as to its transparency, it is provided in the interim that the tender process be suspended,” Acting Chief Justice HS Thangkhiew stated in an order issued recently while hearing a writ petition filed by one Manaksia Aluminium Company Limited.
The order stated that the grievance of the writ petitioner is with the Notice Inviting Quotation (NIQ) dated September 10, 2024, calling for bids for supply of aluminium roofing sheets, on certain tender notices given therein.
According to Justice Thangkhiew, the tender is of “two bid system” i.e. technical bid and financial bid, and in the general terms and conditions, the bids have been limited to local entrepreneurs representing industries/units who are reputed manufacturers of aluminium roofing sheets, having their manufacturing units/industries in Meghalaya only.
“It has been submitted by Philemon Nongbri, learned counsel for the petitioner that the clauses which have been given in the NIQ have effectively shut-out the submission of bids by other reputed manufacturers, such as the petitioner, who has its manufacturing unit at Kolkata. He therefore, prays that in the interim some protection be given so as to enable the state respondents to come up with clarifications on their stand, as to the conditions that have been given in the NIQ,” the order stated.
Additional Advocate General, ND Shullai had submitted that the issuance of the tender is purely within the purview and discretion of the state respondents, and that the conditions given therein are based on the local requirements and to advance the cause of local manufacturers as per policy.
Shullai prayed that he may be allowed to obtain instructions in this regard to the pointed query of the court, as to the number of manufacturers in the state and as to why the bids have been limited only to local manufacturers.
“Having heard the learned counsel for the parties, at this stage this court has noted the fact that as submitted, the NIQ has limited the bids only to local entrepreneurs, and further that the project in question is of considerable value of Rs 69.65 crore, is for procurement and distribution of roofing sheets to BPL residents of the state. As considerable public interest is involved and in order to examine the process as to its transparency, it is provided in the interim that the tender process be suspended till the next date to enable the State respondents come back with instructions/affidavit,” Justice Thangkhiew stated in the order.
It may be mention that during another hearing on October 1, Shullai produced a notice dated September 27, 2024, which states that the dates for submissions of bids have been extended.
Shullai has also produced a corrigendum dated September 30, 2024, mentioning that the terms of the notice inviting tender have been modified.
The court has fixed the next date of hearing on the writ petition on Friday.
