W.P.(C)/11832/2026 of MS PSH INFRA TECHNO AND ADECO JV Vs THE NATIONAL CAPITAL REGION TRANSPORT CORPORATION LIMITED & ANR. on 17 August 2026

1. These writ petitions have been filed with the following prayers:- W.P.(C) 11832/2026 “i. Issue a writ, order or direction directing the Respondent to produce the entire record pertaining to E-Tender Notice No. 2026_NCRTC_264269_1 bearing Bid No. DA/UD/COR-OF/039 dated 30.01.2026 for undertaking the Shifting/Modification work of 220KV & 66KV EHT line including 66KV UG Cable of HVPNL infringing Revised Namo Bharat Alignment (Cyber City to IFFCO Chowk, Gurugram);

ii. Issue a writ, order or direction, especially a writ in the nature of Certiorari, quashing and setting aside the Technical Bid Evaluation/Technical Summary dated 13.05.2026 insofar as it declares the Technical Bid of the Petitioner non-responsive;

iii. Issue a writ, order or direction, especially a writ in the nature of Certiorari, quashing and setting aside Clause No. 2.4.2(d) of the NIT to the extent it mandates possession of an ‘A’ Class/EHT Electrical Contractor Licence issued by the Government of Haryana specifically in favour of the Lead Partner of the Joint Venture;

iv. Issue a writ, order or direction, especially a writ in the nature of Mandamus, directing the Respondent to reconsider and reevaluate the Technical Bid of the Petitioner after taking into consideration the valid EHT Electrical Contractor Licences issued by the Governments of Delhi, Gujarat and Uttar Pradesh in favour of the Lead Partner, M/s PSH Infra Tech Pvt. Ltd., as well as the ‘A’ Class Electrical Contractor Licence issued by the Government of Haryana in favour of M/s ADECO Energy India Pvt. Ltd., being one of the Joint Venture Partners;

v. Issue a writ, order or direction directing the Respondent to consider and adjudicate upon the Representation dated 13.05.2026 submitted by the Petitioner in accordance with law;

vi. Direct the Respondent to consider the Advisory dated 20.11.2023 issued by the Central Electricity Authority concerning “One Nation, One License for Electrical Contractors” while reconsidering the eligibility of the Petitioner;

vii. Direct the Respondent to keep the finalisation/award of the tender in

Signing abeyance during the pendency of the present petition;

viii. Restrain the Respondent from proceeding further with the tender process and/or awarding the work pursuant to the Technical Bid Evaluation Report dated 13.05.2026 and the Financial Bid opened on 14.05.2026 during the pendency of the present petition;

ix. Dispense with the issuance of advance notice to the Respondent;

x. Dispense with the filing of certified copies of the Annexures and permit the Petitioner to place on record true/photocopies thereof, subject to the directions of this Hon’ble Court;

xi. Award the costs of the present petition in favour of the Petitioner; and

xii. Pass any other writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.”

W.P.(C) 11833/2026 “i) Issue a writ, order or direction directing the Respondent to produce all records pertaining to E-Tender Notice No. 2026_NCRTC_267346_1 bearing Bid No. DK/UD/COR-OF/023 dated 17.02.2026 for undertaking the Shifting/Modification work of 220KV & 132KV transmission line of HVPNL infringing Delhi-Panipat-Karnal Namo Bharat Corridor (Ch. 103000–Ch. 133750);

ii) Issue a writ, order or direction especially a writ in the nature of Certiorari for quashing the impugned Technical Summary dated 04.08.2026, whereby the Technical Bid of the Petitioner has been declared non-responsive;

iii) Issue a writ, order or direction especially a writ in the nature of Certiorari for quashing/setting aside Clause No. 2.4.2(d) of the NIT to the extent it mandates possession of an ‘A’ Class/EHT Electrical Contractor Licence issued by the Government of Haryana specifically in favour of the Lead Partner of the Joint Venture;

iv) Issue a writ in the nature of Mandamus directing the Respondent to consider and open the technical bid of the Petitioner after taking into consideration the EHT Electrical Contractor Licences issued by the Governments of Delhi, Gujarat and Uttar Pradesh in favour of the Lead Partner, M/s PSH Infra Tech Pvt. Ltd., as well as the ‘A’ Class Electrical

Signing

Contractor Licence dated 10.03.2022 issued by the Government of Haryana in favour of M/s ADECO Energy India Pvt. Ltd., being the Joint Venture Partner;

v) Issue a writ in the nature of Mandamus directing the Respondent to re-evaluate/reconsider the Technical Bid of the Petitioner in accordance with the terms and conditions of the NIT, the CEA Advisory dated 20.11.2023, the relevant HVPNL tender conditions and the Representation dated 13.05.2026 submitted by the Petitioner;

vi) Direct the Respondent to keep the finalisation of the tender process in abeyance during the pendency of the present petition;

vii) Restrain the Respondent from proceeding further with the tender process and/or awarding the work pursuant to the impugned Technical Summary dated 04.08.2026, during the pendency of the present petition;

viii) Dispense with the issuance of advance notices;

ix) Dispense with the filing of certified copies of all Annexures;

x) Permit the Petitioner to place on record the photocopies of all Annexures;

xi) Award the cost of the petition in favour of the Petitioner; and

xii) Pass any other writ, order or direction, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.”

2. The petitioner is challenging the tenders, which have been issued by the respondent no. 1 for undertaking the shifting/modification work of 220KV & 66KV EHT line including 66KV UG Cable of HVPNL from Cyber City to IFFCO Chowk, Gurugram and shifting/modification work of 220 KV and 132 KV transmission line of HVPNL Delhi-Panipat-Karnal.

3. The petitioner also challenges the communications dated 13.05.2026, and 04.08.2026 whereby the technical bids of the petitioner were rejected on the ground that the petitioner’s bids are non-responsive. Further the

Signing challenge is also made to Clause No. 2.4.2(d) of the NIT to the extent that the bid mandates possession of an ‘A’ Class/EHT Electrical Contractor Licence issued by the Government of Haryana specifically in favour of the Lead Partner of the Joint Venture.

4. The submission of Mr. Siddhant Sharma, learned counsel for the petitioner in both the petitions, is that the stipulation that a bidder must have an ‘A’ Class/EHT Electrical Contractor Licence issued by the Government of Haryana is arbitrary and in violation of the guidelines issued by the HVPNL and also the Government of India.

4.1. In this regard, he has drawn our attention to page no. 171 of the paper book of W.P.(C) 11832/2026, wherein it is advised that while granting licenses to Electrical Contractors, no State shall put territorial restrictions for undertaking works in their state only. He states that in view of the instructions issued by both HVPNL and the Government of India, such a restriction is bad.

4.2. He submits that there is no denial to the fact that the IFB were issued on 30.01.2026 and the last date for submission of the bids was 18.02.2026; however, the said stipulation was incorporated in the bid document only on 06.02.2026.

4.3. He submits that despite the said clause is restrictive, the petitioner has submitted the bids. The petitioner had also represented to the respondent no. 1 stating that such a clause needs to be removed.

5. It is an accepted position that the respondent no. 1, vide its communications dated 13.05.2026, and 04.08.2026 treated the petitioner’s

Signing bids as non-responsive. Still no action has been taken by the petitioner either to challenge the said stipulation and also the communications by which the petitioner has been treated as non-responsive at least after 31.01.2026 or 06.02.2026 or 13.05.2026.

6. The submission of Mr. Sharma is that, as the financial bids have been opened recently, as such the same has given a cause of action for the petitioner to approach this Court.

7. We are not in agreement with the said submission of Mr. Sharma, for the simple reason that atleast on 06.02.2026, the petitioner was in the knowledge about the restrictive stipulation, i.e., Clause No. 2.4.2(d) that a bidder must have a ‘A’ Class/EHT Electrical Contractor Licence issued by Government of Haryana. Concedingly, the petitioner doesn’t possess the certificate as is required in terms of the IFB.

8. Appropriate was, that the petitioner should have challenged the validity of the said stipulation before the Court. Having not done that immediately after 06.02.2026 and even after 13.05.2026, it is too late in the day for the petitioner to file the present petition incorporating the prayers of which a reference has been made above, including challenging the validity of Clause No. 2.4.2(d) of the IFB.

9. Moreover, we have been informed by Mr. Rajesh Katyal, learned counsel for the respondent, that in W.P.(C) 11832/2026, the technical bids have been opened and the petitioner’s bid has been declared ‘non- responsive’. In so far as W.P.(C) 11833/2026 is concerned, the financial bids have also been opened and LOA has also been issued to the successful

Signing party(s).

10. In view of the above, we do not see any reason to interfere with the impugned action of the respondent no. 1, accordingly, the petitions are dismissed along with pending applications.

V. KAMESWAR RAO, J

MANMEET PRITAM SINGH ARORA, J AUGUST 17, 2026/rhc

Signed By:MOHIT Signing