JUDGMENT :

Sanjay Kishan Kaul, J.

1. The National Highways Authority of India (for short 'NHAI')/respondent No.1, floated a tender for the development and operation/maintenance of the four-laning of Ranchi-Rargaon-Jamshedpur section from KM 114.00 to 277.500 of NH-33 in the State of Jharkhand on Design, Build, Finance, Operate and Transfer (DBFOT) Annuity Basis under NHDP Phase-III Project. The estimated project cost was Rs.1,479.00 crore. The tender process was divided into two stages. The first stage was the qualification/Request for Qualification (RFQ), which involved the pre-qualification of interested parties/bidders so as to shortlist the bidders who would participate in the second stage. The second stage was the bid stage/Request for Proposal (RFP) when the shortlisted bidders were to submit their bids/financial offers in accordance with their bidding documents whereafter the bids were to be scrutinized on the basis of lowest semi-annual annuity.

2. The petitioner and other prospective parties submitted their applications at the first stage in April, 2010 and respondent No.1 announced the list of 18 pre-qualified bidders including the petitioner vide letter dated 13.5.