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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 19462/2025, CM APPL. 81152/2025

TPF ENGINEERING PVT. LTD. & ORS. .....Petitioners

Through: Mr. Darpan Wadhwa, Sr. Adv.

alongwith Ms. Malak Bhatt, Mr.

Nikunt Raval, Ms. Neeha Nagpal and

Mr. Amar Vaid, Advocates.

versus

NATIONAL HIGHWAYS AUTHORITY OF INDIA & ANR.

.....Respondents

Through: Mr. Santosh Kumar, SC for NHAI

alongwith Mr. Adithya Ramani, Adv.

Mr. Rohan Jaitley, CGSC alongwith

Mr. Dev Pratap Shahi, GP and Mr.

Varun Pratap Singh, Advocates for

UoI.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 22.12.2025

CM APPL. 81153/2025-Exemption

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 19462/2025

3. The present petition has been filed by the petitioners assailing a

communication dated 26.11.2025 issued by the respondent no.1/NHAI to the

petitioners, whereby the petitioners have been called to show cause as to why

debarment action should not be taken against them. The same communication

proceeds to “temporarily suspend” the petitioners from participating in the

ongoing and future biddings for a period of one month or till completion of

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 06/02/2026 at 08:42:12

investigation by expert committee, whichever is later in accordance with the

NHAI Policy Circular No. 16.12/2022 dated 18.01.2022.

4. The impugned order has been issued in the context of a mishap that

occurred during the execution of works relating to the construction of a 6-lane

Elevated Corridor along with development of existing 4 lane road at ground

level from Aroor to Thuravoor Thekku section of NH-66 (from Km. 366+330

to Km. 379+082) in Kerala.

5. Learned senior counsel for the petitioner submits that, in relation to the

same incident arising out of the same project and in the context of identical

action taken by the respondent no.1, an order dated 08.12.2025 was passed in

W.P.(C) 18578/2025. The same reads as under:

“3. The present petition has been filed by the petitioner assailing a Show

Cause Notice (SCN) / letter bearing no. PROJ-33014(31)/6/2025-PIU

Cochin-II/efile-299063 dated 26.11.2025, issued by the respondent

(NHAI). By virtue of the said notice, the petitioner has been sought to be

suspended from “participating in ongoing / future bids for a period of one

month or completion of investigation by expert committee, whichever is

later” in accordance with MoRT&H Policy Circular

No.RW/NH-33044/76/2021-S&R(P&B) dated 06.10.2021 & NHAI Policy

Circular No.16.11/2021 dated 16.11.2021.

4. Learned senior counsel for the petitioner submits that the Authorised

Engineer (AE) report dated 25.11.2025 records that the petitioner has

taken sufficient safety and security measures and as such the impugned

suspension order is unwarranted. It is further submitted that the

respondent issued a combined Show Cause Notice-cum-suspension order,

without considering the petitioner’s documents and without affording an

opportunity of hearing prior to taking the suspension action.

5. It is submitted that even before taking suspension action against the

petitioner, compliance of the principles of natural justice was warranted.

In this regard, reliance is placed on the order dated 27.05.2025 passed by

this Court in W.P.(C) 7494/2025.

6. Issue notice.

7. Learned counsel, as aforesaid, accepts notice on behalf of the

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 06/02/2026 at 08:42:12

respondent.

8. Concededly, no opportunity of hearing was granted to the petitioner

before taking the impugned suspension action. However, Mr. Santosh

Kumar, learned counsel for the respondent emphasizes that the said

action was necessitated in an emergent situation in the interest of public

safety.

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