JUDGMENT :

GS Patel, J.

1. The sole Petitioner (“Relcon”) is a construction company. Over the year, on its own or in joint ventures with others, it has undertaken several government and private projects. In this Petition, it says it has been unfairly and illegally disqualified from participating in a tender dated 15th June 2021 floated by the 1st Respondent, the Life Insurance Corporation of India (“LIC”).

2. LIC owns a plot of land at Setalvad Lane, Off Nepean Sea Road at Malabar Hill, Mumbai 400 006. On this, there stands a residential building called “Jeevan Jyot”. It has a podium and six upper floors with 26 large residential apartments. The building is now six decades old. Its condition is said to have deteriorated over time. The LIC now proposes a redevelopment of this structure. The tender was specifically for this purpose.

3. The specific challenge in the Petition is to two LIC orders or communications dated 14th December 2021 and 14th January 2022. By these, LIC said that, having regard to certain tender conditions, the Petitioner stood disqualified. The basis for LIC’s decision was that in a separate and unrelated tender contract between the Municipal Corporation of Greater M