NANDI HIGHWAY DEVELOPERS LTD Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) Heard the learned senior counsel for the petitioner, the learned counsel for respondent No.1, the learned Addl. Government Advocate for respondent Nos.2 and 3, the learned counsel for respondent Nos.4 and 7, the learned counsel for respondent No.5 and the learned counsel for respondent No.6.

(2.) The petitioner is a company incorporated and concessionaire under the Concession Agreement entered into and executed by the Union of India, State of Karnatakarepresented by its Secretary, Public Works Department and M/s. Bharat Forge Limited, a company incorporated under the provisions of Companies Act. M/s. Bharat Forge Limited is referred to as "bidders" to the Hubli-Dharwad Bypass Concession Agreement and M/s. Nandi Highway Developers i.e., the petitioner herein is referred to as "Special Purpose Vehicle" ["SPV" for short] under the Concession Agreement, which is produced and marked as Annexure-"B" to the writ petition.

(3.) The Concession Agreement dated 05.02.1998 has been entered into for the purpose of constructing and maintaining the Hubli-Dharwad bypass, being a part of the National Highway No.4. The project was conceived as a Build, Operate and Transfer ["BOT" for short] Scheme. In pursuance thereof, tenders were invited and M/s. Bharat Forge Limited, who is referred to as bidder in the Concession Agreement was declared as the successful bidder. Thereafter, the present petitioner was introduced into the Concession Agreement as a SPV. The project was conceived as a two lane highway bypass only.