JAI SINGH Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA

JUDGEMENT

(1.) W.P.(C) 14848/2022 has been filed by the Petitioner seeking quashing of the fresh Request for Proposal (hereinafter referred to as 'the RFP') dtd. 13/10/2022, bearing No. NHAI/13013/547/CO/22-23/CB/Saini Mazra FP, issued by the Respondent herein for engagement of User Fee Collecting Agency for Saini Majra Fee Plaza at Kilo meter 28.160 Ambala-Kaithal (PKF-1) KM 0.000 to KM 50.860 of NH-65, on the ground that the Petitioner is operating the toll plaza and the contract, under which the Petitioner was engaged as a user fee collecting agency, is still in existence and there is no allegation against the Petitioner that it has breached/not-fulfilled the conditions subject to which the tender has been awarded to the Petitioner herein. It is the contention of the Petitioner that mere commercial consideration cannot give the State a leeway to cancel an ongoing contract which is to expire in about six month's time.

(2.) Shorn of details, the facts leading to W.P.(C) 14848/2022 are as under:

(3.) W.P.(C) 14884/2022 has been filed by the Petitioner seeking quashing of the fresh Request for Proposal (hereinafter referred to as 'the RFP') dtd. 13/10/2022, bearing No. NHAI/13013/547/CO/22-23/CB/Sirohi Bahali FP, issued by the Respondent herein for engagement of User Fee Collecting Agency for Sirohi Bahali Fee Plaza at Kilo meter 23.00 in Mahendergardh Mor Narnaul Pacheri Kalan Sec. in the State of Harayana, on the ground that the Petitioner is operating the toll plaza and the contract, under which the Petitioner was engaged as a user fee collecting agency, is still in existence and there is no allegation against the Petitioner that it has breached/not-fulfilled the conditions subject to which the tender has been awarded to the Petitioner. It is the contention of the Petitioner that mere commercial consideration cannot give the State a leeway to cancel an ongoing contract.