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Judgment
From,To,Distance,,,,,,,
Beginning point of Salchapra
Siding via Weighbridge","Badarpurghat-Silchar diversion
point",14.5 KMs,,,,,,,
Badarpurghat-Silchar
diversion point","Khoyarpur Highway Bypass
point (Tripura) via National
Highway",262.5 KMs,,,,,,,
Khoyarpur Highway Bypass
point","FST, Arundhutinagar via
Amtali bypass",18.1 KMs,,,,,,,
TOTAL,,295.1 KMs,,,,,,,
R a t e (per
MT Per
KM) (A)",Distance (KMs),,,"Quantity
moved
(w.e.f.
Oct’ 15
to Apr’
16) (E)","C o s t as per
Original distance","C o s t as per
revised distance
(G) = (A x C x
E)","Difference
(amount for
repayment) (I) =
(G) â€" (F",,
,Original (B),Revised (C),"Difference
(D)",,,,,,
11.41 2,243,295.1,52.1,45142 MT,"12,51,62,063.46",,"` 12,51,62,063.46",,
9.48,,1 52.1,52.1,45142 MT,,"12,62,86,911.81",,,
Participants,,"Distance (in
Kms)",Rate quoted,,Rate per MT,,,,Remarks
,,Original,Revised,,,"A s per original
distance",,"As per Revised
distance",Original L1
N E Trade &
Transport",,243,295.1,,"R s . 11.41
PMT/PKM",Rs. 2772.63,,Rs. 3367.09,"changes with
change in
distance thus
there is change
in Inter se
A n u p Trade &
Transport Pvt. Ltd.",,,Rs. 2799/-,,Rs. 2799/-,Rs. 2799/-,,Rs. 2799/-,
,,,,,,,,,
observed that N.E. Trade and Transport turns out to be L-2. Hence there is change of inter se due to revision of distance. In this regard the decision,,,,,,,,,
of ED (NE) directed vide order No. Cont. 1(466)/NEZ/GRC/2014 dtd. 09.06.2015 (Sl. No.105) may please be seen. In the aforesaid case ED (NE),,,,,,,,,
had directed that the original rate of the L-1 tenderer, which was per MT basis be revised to Per MT/KM rate of inter se tenderer whose rate turn to",,,,,,,,,
be L-1 on revising the distance. The facts of the present case are also similar to the case settled by ED (NE) as cited and accordingly it is proposed,,,,,,,,,
for remuneration to the TC considering the inter se/new L-1 rate.,,,,,,,,,
The benefit of extra distance transported by M/s NE Trade & Transport Pvt. Ltd. be limited to the revised rate of L-2 tenderer, M/s Anup Trade &",,,,,,,,,
Transport Ltd. As such the revised rate per MT/KM is calculated @ 9.48/- PMT/KM (Z-2799/-PMT/295.1 KMs)â€. An extract of the relevant note,,,,,,,,,
sheet in the concerned file No. S&C/1733/Assam/15 is annexed as Annexure 1 to this affidavit in opposition. The deponent craves leave of this,,,,,,,,,
Hon’ble Court to allow him to produce the original record of the same, at the time of final hearing.",,,,,,,,,
That the deponent begs to state that in terms of the aforesaid decision taken, the writ petitioner would be entitled to a total amount of Rs.",,,,,,,,,
11,24,848.35 (Rupees eleven twenty four thousand eight hundred forty eight and thirty five paise), towards additional transportation charges, though",,,,,,,,,
the petitioner M/s N.E. Trade and transport has quoted its rate at per MT/per KM basis for the distance â€" Ex-Rly Siding Salchapra to FCI, FSD",,,,,,,,,
Arundhati Nagar, Tripura @ Rs. 11.41/- on per MT per KM basis. It would be curious to note that the writ petitioner M/s N.E. Trade and Transport",,,,,,,,,
has raised no grievance in respect of the same manner/yardstick of re-assessment of rate, as made in respect of his contract (A) Ex-Rly Siding",,,,,,,,,
Bihara to FCI, FSD Chandrapur as stated above, because there was no change in the inter-se position following such revision, but the manner or the",,,,,,,,,
yardstick adopted became faulty to him when his rate came out to be L-2 in respect of his contract (B) Ex-Rly Siding Salchapra to FCI, FSD",,,,,,,,,
Arundhati Nagar. The petitioner cannot be allowed to blow hot and cold together.,,,,,,,,,
That with regard to the statements made in paragraphs 1 to 23 of the writ petition, the deponent denies and disputes the same save and except",,,,,,,,,
those which are borne by records. While reiterating the various statements made in the preceding paragraphs of the instant affidavit-in-opposition, the",,,,,,,,,
deponent begs to state that it is the public interest which weighed with the authorities in taking the decision to pay for the extra distance of 52.1 KM,,,,,,,,,
@ Rs. 9.48 per MT/per KM. The writ petitioner is a regular transport contractor and has been working in the field of transportation contract and is,,,,,,,,,
therefore aware about the actual distance Ex-Rly siding Salchapra to FCI, FSD Arundhati Nagar, Tripura, for which the bids were invited and has",,,,,,,,,
quoted its rate accordingly. With the distance of 295.1 KMs, therefore the comparative rate at per MT/per KM between the two places having now",,,,,,,,,
come out to be Rs. 11.41/- for the petitioner and Rs. 9.48/- for its competitive bidder, M/s Anup Trade & Transport, the petitioner would only be the",,,,,,,,,
L-2 bidder and not L-1 bidder. The transportation from Rly. Siding Salchapra to FCI, FSD Arundhati Nagar having stopped thereafter, after the NF",,,,,,,,,
Rly made the B.G. line operational in that sector, the authority found that it would be just and proper at this stage to make payment to the petitioner @",,,,,,,,,
Rs. 9.48 at per KM/per MT basis for the additional distance of 52.1 KM, which come out to a total amount of Rs. 11,24,848.35 (Rupees eleven lakhs",,,,,,,,,
twenty four thousand eight hundred forty eight and paise thirty five) to secure the ends of justice. There being no illegality in the decision making,,,,,,,,,
process, the challenge made by the petitioner it not maintainable. The writ petition filed by the petitioner is, therefore, liable to be dismissed.â€",,,,,,,,,
The L-2 tenderer had quoted Rs. 2,799.00 for a distance of 243 KMs and, based on the same, the rate of Rs. 11.52 per MT per KM was arrived",,,,,,,,,
at by the respondent authorities. The petitioner had quoted Rs. 11.41 per MT per KM and thus he had emerged as the L-1 tenderer. However, the",,,,,,,,,
respondents have now taken the said rate of Rs. 2,799.00 to be the rate offered by the L-2 tenderer for the distance of 295.1 KMs, which is not the",,,,,,,,,
case. The NIT itself made it very clear that the rate per MT shall be as per MTF and if the rate is quoted otherwise, rate per MT per KM will be",,,,,,,,,
worked out taking the distance as notified in the NIT, which is 243 KMs. In this factual background, the exercise undertaken by the respondents to",,,,,,,,,
find out as to what would have been the rate of L-2 bidder for per MT per KM, by dividing Rs. 2,799.00 by 295.1 KM, is arbitrary, irrational and",,,,,,,,,
defies all logic. When the petitioners had quoted a rate for per MT per KM, the rate of the petitioners should have been applied for the entire distance",,,,,,,,,
instead of trying to figure out as to what would have been the rate of L-2 bidder for the distance of 295.1 KMs. Who knows what rate he would have,,,,,,,,,
quoted for 295.1 KMs. That apart, the NIT does not provide taking of such a recourse. It also appears that the respondents had reduced the rate of",,,,,,,,,
Rs. 11.41 per MT per KM quoted by the petitioners to Rs. 9.48 per MT per KM for the entire distance of 295.1 KMs. In the considered opinion of,,,,,,,,,
the court, the calculations made has no basis and logic whatsoever.",,,,,,,,,
In view of the above discussions, the respondents are directed to make payment to the petitioners at their quoted rate of Rs. 11.41 per MT per",,,,,,,,,
KM for the entire distance of 295.1 KMs. If any amount has already been paid to the petitioners, the same shall be adjusted while making final",,,,,,,,,
payment to the petitioners. Payment shall be made to the petitioners within a period of three months from the date of receipt of a certified copy of this,,,,,,,,,
order by the General Manager, FCI, Assam Region.",,,,,,,,,
Writ petition stands allowed in terms of the above. No cost.,,,,,,,,,