Gujarat High Court dismisses petition citing lack of mandate in the GAR act that could compel the state authority to issue tender
Shree Chamundamataji Dungar … vs State Of Gujarat on 4 May, 2023
Bench: Honourable Justice Biren Vaishnav
R/WRIT PETITION (PIL) NO. 72 of 2022
Facts
By way of the writ petition in the nature of Public Interest Litigation, the petitioner had prayed to issue a writ of mandamus to quash and set aside the Notification issued by the Energy and Petrochemical Department, Government of Gujarat by which M/s. MARS Entertainment Pvt. Ltd. (“MEPL”) on the ground that the Government department had issued the authorisation without following the procedure prescribed under the Gujarat Aerial Ropeways Act, 1955 (GAR Act) whereby the respondent had been authorized for construction of an aerial ropeway on a hill where a temple is located. The petitioner had also raised concerns about the safety of the pilgrims and claimed that he is ready and willing to provide cheaper and safe ropeways for the pilgrims.
The advocate for the petitioner contended that the State Authority had wrongly claimed that there was no need to float a tender. He contended that, when government itself is undertaking a big project of installation of Ropeway involving crores of rupees, it is the duty of the State Government to invite tenders by incorporating appropriate terms and conditions for accepting a bid submitted by the interested person.
On the other hand, the advocate for the respondent submitted that the petition filed by the petitioner was not a public interest litigation since the petitioner himself, during the pendency of the present petition had requested the State Authorities to permit it to install the ropeway at Chamunda Hill. Therefore, he contended that these facts show the desire of the petitioner Trust in laying down the ropeway.
Judgement
The Court, after hearing both the parties and going through the facts held that there was not a single provision in the GAR Act of mandatory nature by which the State Authority was supposed to issue the public tender.
Moreover, emphasising the argument made by the respondent advocate about the petitioner trust having shown interest in installing the ropeway, the present petition cannot be entertained.
As the petition was devoid of substance, it was thereby dismissed
JUDGEMENT REVIEWED BY AMIT ARAVIND
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