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2019 Supreme(Del) 112

S.RAVINDRA BHAT, PRATEEK JALAN
RAMA CONSTRUCTION CO. – Appellant
Versus
CENTRAL PUBLIC WORK DEPARTMENT – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Avinash Trivedi & Ms. Ritika Trivedi, Advocates.
For the Respondents:Mr. Sarat Chandra, Advocate, Mr. Rishi Kapoor & Mr. Satish Rai, Advocates.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. The petitioner is aggrieved by the rejection of its tender for certain works i.e. Redevelopment of General Pool Residential Colony at Mohammadpur, New Delhi – construction of 400 nos. Type-II and 345 nos. Type-III General Pool Residential Accommodation (GPRA) on EPC basis.

2. It is not disputed that in terms of the NIT the petitioner fulfilled the financial eligibility criteria. Its bid, however, was rejected on the ground that it did not comply with the technical conditions i.e. with respect to the specification of “similar works”. The petitioner relied upon the qualifying criteria of having completed three similar works each of value not less than Rs.11,240 lakhs. The corresponding technical criteria stipulated in the NIT was as follows :

“Similar work shall mean :

(A) Construction of RCC buildings with Ground + Seven upper stories (or building of 26-meter height) including internal water supply, sanitary installations, drainage and internal electrical installations executed under one agreement (Mumty and Machine Room will not be counted as storey/height for this purpose, if Ground Floor is stilt, it will be counted as storey), and

(B) At least one co








































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