Tendering authority's strict criteria for document submission and interpretation must be adhered to, as non-compliance warrants disqualification, thus upholding the tendering process's integrity.

JUDGMENT :

Sandeep V. Marne, J.

1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the petition is taken up for hearing and final disposal.

2. The Petitioner has filed the present petition under Article 226 of the Constitution of India challenging the action of Respondent Nos.1 and 2 in rejecting its technical bid in the tender process initiated for allotment of lease of plot of land. Petitioner has sought declaration that it is technically qualified and has challenged the Letter of Allotment issued to Respondent No.3.

3. Brief facts leading to filing of the petition are as follows :- In September 2024, Respondent Nos. 1 and 2 initiated the process of leasing Plot No. 18, Sector 22, admeasuring 47347.975 sq. meter (approx. 11.69 acres) located out of Special Economic Zone (SEZ) in MIHAN, Nagpur for residential and commercial use. Upto the last date of submission of bids on 26 September 2024, it was noticed that only three bidders had participated in the bidding process, which excluded Respondent No. 3. On account of lukewarm response to the tender process and in terms of the Guidelines issued by Central Vigilance Commission (CVC), Respondent Nos.1 and 2 decided to cancel the tender. Accordingly, a fresh tender was floated on 10 October 2024 for grant of lease of the subject plot. The last date for submission of the bids was 5 November 2024, during which queries raised by the prospective bidders were addressed. The Petitioner apparently did not attend the pre-bid meeting. On the basis of clarifications given to the prospective bidders in the pre-bid meeting, a corrigendum was issued by Respondent Nos.1 and 2, which according to the tender conditions, became part of the tender document. The corrigendum inter alia altered the technical eligibility criteria. By way of corrigendum, the last date of submission of bids was extended from 5 November 2024 to 18 November 2024. The Petitioner submitted its bid on 18 November 2024. Total five bidders had submitted their bids. The Technical Committee evaluated the bids and prepared a report dated 29 November 2024, in which it was found that the Petitioner and M/s. R. Sandesh Infrastructure Pvt. Ltd. had failed to submit the requisite documents and therefore they were disqualified. Respondent Nos.1 and 2 held three entities, including Respondent No.3, to have technically qualified in the tender process. Finally, the bids were opened on the same day and it was found that Respondent No.3 was the highest bidder quoting the rate of Rs. 8,407 per sq.mtr. Accordingly, Letter of Acceptance dated 2 December 2024 was issued to Respondent No.3.

4. Petitioner sought information under the Right to Information Act, 2005 for knowing reasons for rejection and requisitioned the entire Note Sheet relating to the tender. Petitioner also made representation against the rejection of its bid on 2 December 2024. In the meantime, Respondent No.3 made the payment of first installment of Rs.12,10,18,141/- to Respondent Nos.1 and 2. Petitioner received copies of Technical Evaluation Report on 6 January 2025, which reflected the reasons for rejection of its technical bid as (i) failure to submit information as per Exhibit-IV and (ii) non-complianc