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MANMOHAN, TUSHAR RAO GEDELA
VRC Construction (India) Private Limited – Appellant
Versus
National Highway Authority of India – Respondent
JUDGMENT :
Tushar Rao Gedela, J.
1. Present writ petition has been filed under Article 226 of the Constitution of India seeking to declare the Annulment Notice dated 14th March, 2024; impugned communication dated 9th April, 2024; Notice Inviting Bid dated 14th March, 2024 as arbitrary and illegal and in violation of Articles 14 and 19(1)(g) of the Constitution of India, 1950. The petitioner further seeks direction to the respondent/National Highway Authority of India (for short ‘NHAI’) to award the Project to the petitioner in terms of Tender for ‘6 – laning with both sides Service Road of Ayodhya Nagar Bypass of Bhopal city section of NH-46 from Design Km 0.000 near Ashram Tiraha to Design Km 16.439 at Ratnagiri Tiraha (Design Length – 16.439 Km) Under NH(O) in the state of Madhya Pradesh on Hybrid Annuity Mode (Tender ID: 2023_NHAI_169732_1’)’.
2. The facts, shorn of unnecessary details and germane to the issue at hand, are as follows:-
The annulment of a tender by the NHAI was justified due to the petitioner's failure to comply with procedural requirements, affirming the authority's discretion in public procurement.
The procuring entity has the discretion to cancel tenders and re-invite bids without prior communication of reasons; judicial review is limited to assessing arbitrariness or statutory violations in p....
respondent authority has right to refuse the lowest or any other tender bid or bids submitted, provided its decision is neither arbitrary nor unreasonable.
Government decisions related to tenders must adhere to established guidelines, ensuring fairness, justice, and reasonableness.
The cancellation of a tender process is justified when material changes occur, such as the inclusion of railway land, which alters the project's scope and public interest considerations.
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