GUWAHATI, India, Aug. 25 -- Gauhati High Court issued the following order on July 25:
1. Heard Mr. KN Choudhury, the learned Senior Counsel, assisted by Mr. RM Deka, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. B Gogoi, the learned Additional Advocate General, Assam as well as the learned Standing Counsel for the respondent PWD.
2. Taking into account that the issues involved in the batch of four writ petitions are similar and there is an urgency expressed in the matter, the instant batch of writ petitions are being taken up together at the motion stage itself for disposal by this common order.
3. The Chief Engineer, Public Works Roads Department, Chandmari, Guwahati, who is the respondent No.2 in the batch of writ petitions, had issued a detailed Notice Inviting Tender (for short, the NIT) dated 21.06.2025. The petitioner herein is interested to bid against the works as specifically mentioned at Sl. Nos. 47 to 50 of the said NIT dated 21.06.2025. The details of the works in question which are mentioned at Sl.Nos.47 to 50 are reproduced hereinunder:
Table omitted can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xyOQ8zLCuLN5iQLwTEycTVOosdVEXlXc%2B2jyuEC3wzb7&caseno=WP(C)/4182/2025&cCode=1&cino=GAHC010164502025&state_code=6&appFlag=)
4. It is also seen from the said NIT that the bid submission closing date is on 28.07.2025 up to 2.P.M., and the technical bids would be opened on the same date at 2:30 P.M.
5. The said NIT further refers to the bid document at Sl.No.5 of the Note. The said bid document contains various terms and conditions which are required to be fulfilled. Amongst them is Clause
7.1 of the Instruction to the bidders. The said clause being relevant is reproduced hereinunder:
"7.Site visit 7.1 The Bidder, at the Bidder's own responsibility and risk is bound to visit and examine the site of works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the works.
The Bidder shall obtain a mandatory Site Visit Certificate with Verification from Concerned Engineer authenticating his visit to the site of works and submit the same along with the Bid.
The costs of visiting the site shall be at the bidder's own expense.
The Bidder also acknowledges that prior to submission of Bid, he has, after a complete and careful examination, made an independent evaluation of the Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, suitability and availability of access routes to the Site and all information provided by the Employer or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. The Employer makes no representation whatsoever, express, implicit or otherwise regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Bidder confirms that it shall have no claim whatsoever against the Employer in this regard."
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x1o1zTE5JlIwjFLfqJV2LRtpFyp0npyH%2FA1%2FdA5Xs%2FEX&caseno=WP(C)/4177/2025&cCode=1&cino=GAHC010164472025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
