Gauhati High Court
Page No.# 1/5 vs The Union Of India And 4 Ors on 16 August, 2023
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/5
GAHC010180112023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4692/2023
NORTH EAST BHARAT PETROLEUM PACKED LIQUIFIED PETROLEUM GAS
TRANSPORTERS ASSOCIATION AND ANR
A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT,
1860
HAVING ITS OFFICE AT NO. 1 PANAKA GAON, KANAIGHAT, NEAR NRL,
BISHNUPUR, P.O.- KANAIGHAT, DISTRICT- GOLAGHAT, ASSAM. PIN-
785699.
REPRESENTED BY ITS VICE PRESIDENT, SRI JAGADISH KAKATI.
2: JAGADISH KAKATI
VICE PRESIDENT
SON OF LATE SARAT CHANDRA KAKATI
RESIDENT OF HOUSE NO. 685/A
KAHILIPARA COLONY BAZAR
GUWAHATI
DISTRICT- KAMRUP(M)
ASSAM
PIN- 781018
VERSUS
THE UNION OF INDIA AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF PETROLEUM AND NATURAL GAS, SHASTRI BHAWAN,
NEW DELHI, PIN- 110001.
2:BHARAT PETROLEUM CORPORATON LTD.
REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR
Page No.# 2/5
BHARAT BHAWAN
4 AND 6 CURRIMBHOY ROAD
BALLARD ESTATE
MUMBAI. PIN- 400001.
3:THE ASSISTANT MANAGER
CO-ORDINATION
(LPG)
BHARAT PETROLEUM CORPORATION LTD.
NUMALIGARH
NUMALIGARH REFINERY MARKETING TERMINAL
DISTRICT- GOLAGHAT
ASSAM
PIN- 785699.
4:THE TERRITORRY MANAGER (LPG)
BPCL
1ST FLOOR
NEXIA PARK
GMC ROAD
CHRISTIAN BASTI
GUWAHATI
ASSAM
PIN- 781005.
5:THE DEPUTY GENERAL MANAGER (LOGISTICS)
BHARAT PETROLEUM CORPORATION LTD.
BHARAT BHAWAN
PLOT NO. 31
MD. SHAH ROAD
KOLKATA
WEST BENGAL
PIN- 700095
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : DY.S.G.I.
Page No.# 3/5
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
16.08.2023 Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. R.M. Deka, learned counsel for the petitioner; Mr. S.S. Roy, learned Central Government Counsel [CGC] for the respondent no. 1; Mr. S. Borthakur, learned counsel for the respondent nos. 2 - 5.
2. The petitioner no. 1 is a registered society, whose members are involved in transportation of packed LPG cylinders on behalf of the respondent Bharat Petroleum Corporation Limited [BPCL]. The members of the petitioner no. 1 society had participated in a tender process in 2017 initiated by the respondent BPCL authorities for road transportation of packed LPG cylinders from loading location at Numaligarh Refinery Limited Terminal. As per the tender process initiated in the year 2017, there were two types of trucks having carrying capacity of [i] 306 nos. of 14.2 kg LPG cylinders; and [ii] 450 nos. of 14.2 kg cylinders. The members of the petitioner no. 1 society were awarded contracts for transportation of LPG cylinders in the said two categories of trucks with rates of [i] Rs. 15.29 per LPG cylinder for a distance of 0-100 kilometer in respect of trucks having capacity of 306 nos. of LPC cylinders and [ii] Rs. 13.75 for a distance of 0-100 kilometer in respect of trucks having capacity of 450 nos. of cylinders. In addition, there were other rates for different distances and escalation clause.
2.1. The petitioners have projected that the earlier rates were without tolls. They have further projected that the price of High Speed Diesel [HSD] in the year 2017 was Rs. 57.66 per litre whereas the present rate of HSD per litre is Rs. 89.6 per litre. Similarly, there are proportionate increases in a number of other aspects like insurance rate, taxes, price of vehicles, etc., as outlined in paragraph 25 of the writ petition. The petitioner no. 1 society is aggrieved by the terms and conditions of a Notice Inviting Tender vide Tender Reference no. BPCL/LPG/PKD/NRL/2023-28 published by the respondent BPCL authorities 'For Road Transportation of Packed LPG Cylinders for PBCL Numaligarh Refinery Marketing Terminal, Page No.# 4/5 Assam' by trucks for supply to LPG Distributorships/Locations within and outside the State of Assam, more particularly, the rates indicated therein. As per the present NIT, the bidders are required to place two categories of trucks having capacity to carry [i] 342 cylinders and [ii] 524 cylinders respectively for 0-100 kilometres, etc. In respect of trucks having capacity of 342 cylinders, the Tendering Authority has fixed a rate of Rs. 15.87 per LPG cylinder and a rate of Rs. 14.53 per LPG cylinder for trucks having capacity of 524 cylinders for 0-100 kilometres. For other distances of more than 100 kilometres, different rates have been fixed on the base rates. The petitioners have, thus, asserted that due to increase in rates of HSD and all other factors, outlined in the Table in paragraph 25 of the writ petition, the rates mentioned in the present NIT are clearly not proportionate to the costs involved. They have assailed the rates mentioned in the present NIT as irrational ones.
3. In response, Mr. Borthakur, learned counsel for the respondent nos. 2 - 5 has submitted that there are differences in carrying capacity of the trucks in the two tender processes and as the carrying capacity of trucks for which the bids are invited in the present tender process are higher than the ones in the tender process concluded in the year 2017, the rates quoted in the NIT dated 04.08.2023 are justified.
4. Issue notice, returnable on 01.09.2023.
5. The learned counsel for the petitioner has submitted that the last date of submission of bids in response to the NIT dated 04.08.2023 is 18.08.2023. From a perusal of the NIT dated 04.08.2023, it transpires that the bidding process is a two-part bid system through on- line mode and a bidder has to submit technical bid and price bid. The primary grievance of the petitioner no. 1 society is in respect of matters relating to the price bid.
6. As all the respondents have been represented and notices have been accepted, no formal notice is needed to be issued to the respondents. The learned counsel for the petitioner shall furnish requisite nos. of extra copies of the writ petition along with the annexures each, to the learned counsel for the respondents.
Page No.# 5/5
7. The members of the petitioner no. 1 society are at liberty to submit their bids, without prejudice to the contentions made in the present writ petition. The respondent BPCL authorities may proceed ahead with the bidding process by opening and evaluating the technical bids of the participant bidders. Having considered the rival contentions including the projections made on behalf of the petitioners and balancing the equities, it is provided that till the returnable date, the respondent BPCL authorities shall not open the price bids of the participant bidders submitted in response to the NIT dated 04.08.2023.
8. The respondent BPCL authorities shall ensure to file counter affidavit on or before 30.08.2023.
9. List the case on 01.09.2023.
JUDGE Comparing Assistant