RELIANCE INFRASTRUCTURE LTD Vs. NATIONAL HIGHWAYS AUTHORITY OFINDIA

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India has been filed for setting aside the letter dated 27th August, 2008 issued by National Highway Authority of India (hereinafter referred to as NHAI ) whereby the Petitioners have been held ineligible to participate in the financial bid for Hyderabad Vijayawada section from K.M. 40.000 to K.M. 221.500 of N.H.9 in the State of Andhra Pradesh. The Petitioners have further prayed for a direction to NHAI to issue Request for Proposal Document, hereinafter referred as RFP, for the said road project so as to enable them to participate at the second stage of the bidding process, namely, the price bid.

(2.) It is pertinent to mention that in this writ petition, the Petitioners have also challenged the legality and validity of Clause 3.5.2. in the Request for Qualification (hereinafter referred to as RFQ ) by virtue of which only the six highest technical scorers can advance to the second stage of the tender i.e. price bid, but we have already upheld the constitutionality, legality and validity of the said Clause in our judgment and order dated November 3rd, 2008 delivered in National Highways Builders Federation v. The National Highways Authority of India and Ors.,2008 WP(C) No. 566. Consequently, the said challenge no longer survives.

(3.) The material facts of this case are that NHAI floated a tender for construction of a road between Hyderabad Vijayawada section from K.M. 40.000 to K.M. 221.500 of N.H.9 in the State of Andhra Pradesh. The bidders under the said tender had not only to fulfill the minimum eligibility criteria but had also to be short-listed amongst the top six highest scorers at the technical bid stage so as to be entitled to participate at the price bid stage.