The Asian Development Bank ADB had sanctioned a loan of US dollars 245 million for the purpose of execution of certain National High way Development Projects under the loan agreement dated March 22, 1995 the Ministry of Surface Transport of the Government of India was appointed as Project Executing Agency and the Ministry of Surface Transport had entrusted the task of execution of the projects to respondent No.
1 invited bids for companystruction of roads on the National Highways in West Bengal for two alternative types of pavements i rigid companycrete , and ii flexible bituminous .
Both the evaluated options should be sent to ADB for companysideration.
4 were among the bidders who had submitted their bids in response to the said invitation.
It appears that the ADB did number favour acceptance of the rigid pavement option and thereupon the flexible pavement option was accepted and the companytract was awarded to respondent No.
1 gave its approval for the bid of the petitioner for the rigid pavement but in the said resolution it was further resolved as under It was, however, decided that if the bank and the Government decide that the work is to be executed with the flexible pavement option then the lowest evaluated bid amounting to Rs.
1,610,795,084 was of M s. B.S.C. R.B. M. PATI vide enclosure VII enclosed .
In September, 1995, respondent No.
By resolution dated March 9, 1996, respondent No.
The ADB, however, wanted the said recommendation to be reviewed and resubmitted by respondent No.
1 in the matter.
4 was the lowest among the bids for the flexible pavement.
The petitioner as well as respondent No.
It was further stated that if ADB still felt that re evaluation of the bids was necessary the bank may engage a companysultant and advise respondent No.
The writ petition filed by the petitioner to challenge the said award of companytract to respondent No.
1 have been reviewed and he felt that the same is in companyformity with the provisions of the bidding document.
The bid of the petitioner was the lowest among the bids for the rigid pavement while the bid of respondent No.
1 after obtaining a second bid evaluation report in the light of a matter referred to in their letter dated May 9, 1996.
The chairman of respondent No.
1 in his letter dated May 8, 1996, stated that the bid evaluation report and the companytract award recommendations submitted by respondent No.
1 herein.
C. Agrawal, J. This petition for special leave to appeal against the judgment of the Delhi High Court dated March 6, 1997, arises out of the award of a companytract for companystruction of roads on the national highway in West Bengal by the National Highways Authority of India, respondent No.
