UCN CONSTRUCTION PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. D. Das, the learned Senior counsel assisted by Mr. D. P. Borah, the learned counsel appearing on behalf of the Petitioner and Mr. H. Gupta, the learned CGC appearing on behalf of the Respondent Nos. 1, 2, 3 and 4. I have also heard Mr. P. Nayak, the learned Additional Advocate General, Assam as well as the Standing counsel of the PWD appearing on behalf of the Respondent Nos. 5 and 6; Mr. K. N. Choudhury, the learned Senior counsel assisted by Mr. R. M. Deka, the learned counsel appearing on behalf of the Respondent No.7 and Mr. A. Roy, the learned counsel appearing on behalf of the Respondent No.8.

(2.) The present writ petition was filed by the Petitioner challenging the order dtd. 3/3/2026 issued by the Executive Engineer for the Director General (RD) and Special Secretary, Ministry of Road Transport and Highways, (Zone North East) i.e. the Respondent No.3 as well as the consequential cancellation notice dtd. 9/3/2026 issued by the Respondent No.6.

(3.) The Ministry of Road Transport and Highways (EAP Road) carries out various forms of works for construction of National Highways. Vide a Circular dtd. 23/2/2018 issued by the Respondent No.4, powers were delegated to the Chief Engineer - Regional Officer (CE-RO)/SE-RO/ELO at MoRT&H Regional Office. In terms with the said Circular, sanctioning of detailed estimates and the power to grant technical sanction, appraisal and approval to the estimate have been mentioned. How the evaluation of bids would be carried out is mentioned at Clause 8 of the said Circular dtd. 23/2/2018. In respect to works with sanctioned cost of civil works up to Rs.5.00 crores, the State PWD have been delegated the power to evaluate the bids and finalize the tenders as per the Ministry's Guidelines.