DILIP BUILDCON LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Raja Sripathi Rao, learned Senior Counsel assisted by Sri Lakshmikanth Reddy Desai, learned counsel for petitioner, Sri B. Narasimha Sharma, learned Additional Solicitor General representing Respondents 1 and 2 and Sri B. Adinarayana Rao, learned Senior Counsel assisted by Sri Sai Sanjay Suraneni, learned counsel for Respondent No.3.

(2.) Petitioner claims to be a leading infrastructure development company in India with over two decades of experience in execution of Engineering, Procurement and Construction (EPC) projects, etcetera. It is stated, Respondent No.2 issued Tender Notice dtd. 3/6/2025 for execution of EPC contract for construction of new bi-directional twin tunnels between Usarani and Jamod stations in connection with the Akola-Khandwa Gauge Conversion Project of South Central Railway, valued at approximately Rs.1124.48 Crores, involving twin tunnels of about 6.70 kilometers each along with associated infrastructure, funded from the public exchequer and published on the Indian Railways E-Procurement System (IREPS).

(3.) In the counter filed on behalf of Respondents 1 and 2, it is stated, bids were opened on 30/10/2025 at 15.00 hours, wherein 13 bids including Petitioner's bid were received. A duly constituted Tender Committee consisting of three SAG (Senior Administrative Grade) officers evaluated the bids and submitted its report on 19/2/2026 to the Accepting Authority i.e., CAO/C/SCR (Chief Administrative Officer/Construction/South Central Railway), recommending 07 bids as qualified and 06 bids as disqualified including Petitioner, and the Accepting Authority accepted the recommendations on 20/2/2026.