VIBHU BAKHRU, J

1. The petitioners have filed the present writ petition challenging, inter alia, the decision of the Border Roads Organisation, respondent no.2 herein (hereinafter referred as the ‘BRO’) in awarding the Letter of Award dated 12.03.2013 (hereinafter referred as the ‘impugned LOA’) in favour of respondent no.3 for the project referred to as Z-Morh tunnel on National Highway No. 1 (Srinagar Sonmarg Gumri Road) in the State of Jammu & Kashmir on Design, Build, Finance, Operate and Transfer Annuity Basis. The petitioners have also impugned the action of the BRO in executing the Concession Agreement with respondent no.5, a company incorporated for the purpose of executing the project (hereinafter referred to as the ‘SPV’).

2. The BRO, is engaged in the development and maintenance of roads and bridges in the border areas of India. The BRO issued a “Request for Qualification”(hereinafter referred to as the ‘RFQ’) on 16.04.2012, inviting pre-qualification proposals from interested bidders/parties for the development, operation and maintenance of the Z-Morh tunnel on National Highway No. 1 (Srinagar Sonmarg Gumri Road) in the State of Jammu & Kashmir (hereinafter ref