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DELHI HIGH COURT
BADAR DURREZ AHMED, ASHUTOSH KUMAR
State Construction Integrated Works, Unique Construction (JV) – Appellant
Versus
National Highways Authority of India – Respondent
JUDGMENT
Ashutosh Kumar, J. The petitioner which had participated in the bid, the tender for which was invited on 18.10.2016 for construction of a new 4 Lane Bridge across Varsova Creek and its approaches with interchange from km. 496.100 to km 498.350 (approx.2.250 Km) between Surat-Dahisar Section of NH-8 (new NH-48) in the State of Maharashtra, is aggrieved by the action of the respondent in accepting the bid of respondent No.2 for consideration when the tender of respondent No.2 was allegedly technically non-compliant and had, in the first instance, been declared to be non-responsive by the technical evaluation committee.
2. It would be necessary to refer to certain facts preceding the invitation of tender in which the petitioner and respondent No.2 had participated. For the first time, EPC tenders were invited for the same work referred to above on 04.09.2015, which tender notice was later cancelled as there were no tenderers. For the second time, the tenders were invited on Hybrid Annuity basis on 10.03.2016 in which the petitioner was the only tenderer and, therefore, his tender was not opened. On the third occasion, the tenders were invited on Hybrid Annuity basis on 05.0
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