:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.1570 OF 2008 PETITION NO.1570 OF 2008 PETITION NO.1570 OF 2008 M/s Mahabal Enviro Engineers Pvt Ltd. ..petitioner V/s The Union of India and others ..Respondents Mr. M.S. Karnik for the petitioner Mr. K.R. Chandrahari with N.R. Prajapati for respondent No.1 Mr. V.A. Sonpal, AGP for respondent no.1 Mr. A.S. Rao for respodent No.4 Mr. A.S. Gadkari for respondent No.5 CORAM CORAM CORAM : J.N.PATEL AND : J.N.PATEL AND : J.N.PATEL AND A.A. A.A. A.A. SAYED, JJ. SAYED, JJ. SAYED, JJ. DATE DATE DATE : 1ST APRIL, 2008 : 1ST APRIL, 2008 : 1ST APRIL, 2008 P.C. 1. Heard the leaned counsel for the parties. The petitioner has approached this court challenging the tender notice particularly condition XI 16(a) and 16(b) of the tender notice mainly on the ground that this is done intentionally to avoid competition in favour of respondent No.5 which is the only agency having its laboratory within the periphery of 15 K.M. In the affidvit-in-reply filed by the corporation it is stated that this condition XI which the petitioner :2: has objected exists from the year 2003 and therefore, merely because it specifies the need and requirement of the department, and in the present case Municipal corporation and if it is inconvenient to any person participating in the tender, this Court should not intervene in the matter in exercise of powers of judicial review. 2. The condition XI which lays down the criterion for pre qualification in clause 16 of condition XI read as under:- "16- Considering importance towards Punctual-ness of services:- "16a- Agency must have their own Mobile Van Lab, available for 24 Hrs. service. "16b- Location of full-fledged, MoEF Recognized Environmental laboratory within 15 k.m. periphery from KDMC." In so far as 16 (a) is concerned, it is contended by the learned Counsel appearing for Municipal Corporation that the Mobile van laboratory is not meant for the purpose of analysing the samples but to collect the samples and is available for 24 hours is not required only for the purpose of preliminary testing but for collection of data and it should be :3: read accordingly. In so far as condition 16(b)is concerned, it is made clear that with reference to location of full-fledged MoEF recognised environmental laboratory within 15 K.M. periphery from KDMC will mean that agency should have well equipped laboratory with required expert having three years experience and that the Municipal Corporation is also prepared to consider that agency which is participating in the tender need not have its own well equipped laboratory but can have an arrangement with a well equipped laboratory which is located within 15 k.m. periphery from KDMC and after seeking instructions makes a statement that if the petitioner is able to have an arrangement with any of the recognized laboratory within the Municipal Limits of Thane Municipal Corporation which is within the 15 k.m. periphery from KDMC then his tender would be taken into consideration and will not be disqualified on this ground. 3. The learned Counsel appearing for the petitioner submits that with these clarification made before the Court the grievance of petitioner stands resolved. If these clarification are acceptable to :4: the Municipal Corporation, his prayer to withdraw the petition may be granted. 4. Thus, in our view this will be rather in interest of the respondent-corporation as they will allow participation of larger number of agencies in the tender who are interested in bidding and the purpose and object of NIT to have fair competition will be achieved and the Corporation will be benefited. 5. In the aforesaid facts the challenge to the condition XI 16(a) and 16(b) that it has been particularly incorporated in the tender notice to favour respondent No.5 does not survive. 6. We accept the submission made by the learned Counsel appearing for Municipal Corporation that a person participating in the tender need not have his own laboratory within 15 k.m. periphery from KDMC and if the bidder can have an arrangement with the recognized laboratory existing within the Thane Municipal Corporation the requirement of clause 16(b) will stand fulfilled and, on this count alone he will :5: be allowed to participate in the pre qualification of the tender and this will not be a disqualification. The petitioner may be permitted to submit a letter of said arrangement from a recognised laboratory within Thane Municipal Corporation along with his tender form to the Municipal Corporation which the petitioner would submit at the time of opening of the tender form. The learned Counsel for the Municipal Corporation states that the tender form would be opened on 7th of April, 2008. The petition stands disposed of accordingly. (J.N.PATEL, (J.N.PATEL, (J.N.PATEL, J.) J.) J.) ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)