SHILLONG, India, May 11 -- Meghalaya High Court issued the following judgment/order on April 9:

1. The writ petitioner a registered Class-I Government contractor under the Public Works Department being aggrieved with the action of the respondent No. 5, in commencing the execution of a public road construction work for the "Improvement of the existing road including MBT of New Nongstoin to Nongstoin Village" including different link roads within Nongstoin in the month of October, 2024, without any approved sanction order or Notice Inviting Tender (NIT) is before this Court assailing the same.

2. Ms. T. Sutnga, learned counsel for the petitioner submits that in October, 2024 on coming to learn that road construction activities were being undertaken along the stretch from New Nongstoin to Nongstoin Village under the PWD (Roads) Nongstoin Division, the petitioner had sought information under the RTI Act on 14.10.2024. In reply thereto she submits, it was explicitly stated no sanction had been issued, nor was any NIT floated. Thereafter, she submits the petitioner came across a letter dated 27.03.2025, whereby it was revealed that administrative approval and sanction for construction and improvement of different link roads at Nongstoin Village, were approved only in the month of March, 2025, for an amount of Rs. 6,82,26,100/- (Rupees Six Crores Eighty-Two Lakhs Twenty-Six Thousand and One Hundred) only for the period of 2024-25.

3. The learned counsel for the petitioner then submits that the respondents had acted illegally and arbitrary, inasmuch as, without the publication of a Notice Inviting Tender, the execution and commencement of the work had started in October, 2024 itself, prior to the receipt of administrative approval and sanction. The work she submits had been allotted with a mala fide intention to the respondents Nos. 6 to 13, in an oblique and un-transparent manner. It is further submitted that the petitioner has the right to participate in government contract works being a registered Class-I contractor, and the action of the respondents in favouring the selected persons without due process being followed in public matters, is illegal and arbitrary. The learned counsel has also contended that Courts have the power to review government actions including those related to infrastructure projects, to ensure that they are lawful and fair.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x40NBsv%2BQIUpYvcmnoSu%2BTDdmjloE3kjxywEhI6jNxUC&caseno=WP(C)/166/2025&cCode=1&cino=MLHC010005102025&state_code=21&appFlag=)

Disclaimer: Curated by HT Syndication.