$~179 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 30.03.2026 + W.P.(C) 3585/2026, CM APPL. 17390/2026 MS JK INFRASTRUCTURE THROUGH AUTHORISED SIGNATORY MR SATYAPAL SINGH .....Petitioner Through: Mr. Pawanjit Singh Bindra, Sr. Adv.

with Mr. Keshav Sehgal, Mr. Shivam Gaur, Mr. Aryan Kumar and Ms.

Rashi Singh, Advs.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through: Mr. Sanjay Jain Sr. Adv. with Mr.

Tushar Sannu, Mr. Nishank Tripathi, Ms. Harshita Sukhija, Ms. Rishika Agrawal and Ms. Priya Tyagi Advs. and Mr. Ajay Aggarwal, SE, Mr. Anil Kumar, EE and Mr. Saurabh Garg, JE for R-1/MCD.

Mr. Rajeev Nayar, Sr. Adv. with Mr. Arkaj Kumar, Ms. Ramya Aggarwal, Mr. Aakarsh Mishra and Mr. Karsh Rebelo, Advs. for R-2.

Mr. Gagan Gupta, Sr. Adv. with Mr.

Padmesh Mishra and Mr.

Yashwardhan Rai, Advs. for R-3.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL

1. This petition has been filed with the following prayers:-

“a) Issue a Writ(s), of Certiorari or any other appropriate Writ, Order, thereby quashing any Award, Letter of Intent, Corrigendum, Office Order etc. issued by the Respondent No. 1 in favour of Respondent Nos. 2 and 3 or any other Bidder thereby awarding/ finalising the Tender bearing Notice No. EE (EMS)/SZ,CNZ& WZ/2025-26/D806 dated 06.09.2025 for “Collection & Transportation of Municipal Solid Waste, Street Sweeping Waste, Desilted Waste, Horticulture Waste, Domestic Hazardous Waste (including Sanitary Waste) in South, Central & West Zone to the Designated Processing Facility/Dump Site/ Depositing Centers of Municipal Corporation of Delhi (the Authority) under Design, Built, Finance, Operate & Transfer (DBFOT) Basis” for being illegal, non-est in eyes of law;

b) Issue a Writ(s), of Mandamus or any other appropriate Writ, Order, thereby directing the Respondent No. 1 to permit the consortium comprising the Petitioner to submit its bid and participate in the Subject Tender;

c) Issue a Writ(s), of Mandamus or any other appropriate Writ, Order, thereby directing the Respondent No. 1 to produce the entire record and files pertaining to Subject Tender;

d) Issue appropriate Writ(s) of Mandamus or any other appropriate Writ, Order, direction to the Respondent Nos. 1 and 2 to stay the operation of award of tender till disposal of the present Writ Petition;”

2. The case of the petitioner as submitted by Mr. Pawanjit Bindra, learned Senior Counsel along with Mr. Keshav Sehgal for the petitioner is that the respondent no. 1/MCD has issued a tender dated 06.09.2025 for collection and transportation of municipal solid waste, street sweeping waste, desilted waste, horticulture waste, domestic hazardous waste in South, Central and West Zone to the designated processing facility/dump site/depositing centres of Municipal Corporation of Delhi (“MCD”) under design build, finance, operate and transfer basis.

3. According to him, the MCD issued a Draft Concessionaire Agreement (“DCA”) dated 24.09.2025 to the said tender inter-alia providing the draft of the contract proposed to be entered between the successful bidder and the MCD. On 03.10.2025, the MCD issued project information memorandum as volume 3 to the said tender. The said memorandum provided information about each zone and laid down detailed scope of the tender/logistics and technical specifications necessary for the execution of the project. He submitted that the petitioner upon perusing the tender documents observed that a conjoint reading of the tender, draft Concessionaire Agreement and memorandum reflected that there are multiple ambiguities in the said documents and the said tender has been issued without providing the necessary details. The respondent MCD issued corrigendum/addendum 4 on 08.10.2025 to enable the prospective bidders submit their pre-bid queries on or before 13.10.2025. He does concede to the fact that the petitioner herein had submitted as many as 33 queries pertaining to the severa