HIGH COURT OF DELHI
KCC INFRA PRIVATE LIMITED – Appellant
Versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA & ANR – Respondent
JUDGMENT
MINI PUSHKARNA, J: (ORAL)
1. The present petition has been filed seeking quashing and setting aside of the letter dated 05th March, 2024 issued by respondent no.1-National Highways Authority of India (“NHAI”) to the petitioner, whereby the technical bid of the petitioner has been held to be non-responsive. Thus, by way of the present petition, petitioner has prayed for direction to the respondent no.1-NHAI to consider and declare its technical bid to be responsive, open its financial bid and consider the same for award of tender. 2. Facts in brief are that, Notice Inviting Tender (“NIT”) dated 08th December, 2023 was issued by respondent no.1-NHAI for „Rectification of MoRTH identified blackspots at seven (07) - locations on Jaipur-Reengus- Sikar Section of NH-52 in the State of Rajasthan on Engineering, Procurement & Construction (EPC) mode‟. Pursuant to the aforesaid NIT, respondent no.1 issued a Request for Proposal (“RFP”) in February, 2024 delineating the schedule of the bidding process. Consequently, the petitioner submitted its bid on 26th February, 2024.
3. Subsequently, the respondent no.1-NHAI vide its letter dated 01st March, 2024 sought a clarification from the p
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