The Telangana High Court has directed that any decision by Hyderabad Growth Corridor Limited (HGCL) on three tender packages for Radial Road-2 in Hyderabad will remain subject to further orders in a petition challenging the disqualification of a bidder.
Justice B. Vijaysen Reddy issued the interim direction while hearing three petitions filed by Sushee Infra and Mining Limited. The company has questioned the rejection of its technical bids for construction of the 81.15-km road connecting the Outer Ring Road at Kothwalguda, also referred to as Budwel, with NH-167N near Nacharam.
The challenged tender covers three packages: Budvel to Shabad, Shabad to Gudur and Gudur to Nacharam. HGCL rejected the company’s technical bids after citing the absence of a counter-signature by a superintending engineer on the experience certificate submitted by Sushee Infra and Mining.
Senior counsel Avinash Desai, appearing for the petitioner, told the court that the certificate had been issued by the executive engineer at the regional office of the Union Ministry of Road Transport and Highways in Itanagar. He submitted that the officer had been designated as a superintending engineer and that the certificate was therefore valid.
The petitioner also argued that the tender conditions required HGCL to seek clarification from a bidder if it found a discrepancy in documents or certificates. According to the submissions recorded before the court, Clauses 3(iii) and 22 of the notice inviting tenders provided for such clarification. The company said this procedure was not followed and that the price bids were opened on the same day, raising questions about the handling of the tender process.
Additional advocate-general T. Rajinikanth Reddy, representing HGCL, informed the court that both the technical and price bids had already been opened and that the lowest bidder, or L-1 bidder, had been identified. He sought time for the matter to be taken up on the following day.
After considering the submissions, the court directed that any decision or finalisation of the bids by the tender-inviting authority would be subject to further orders in the case. It also clarified that the respondents would not be able to claim any equities arising from a decision taken during the pendency of the petitions.
The court adjourned the matters to October 12. Until further orders, the interim direction leaves the status of the three packages unresolved while the court examines the challenge to the technical disqualification and the tender authority’s handling of the disputed certificate.
