Arijit Banerjee, J. - (1.) This is an appeal against the Judgement and order dated 11 April, 2019 passed by a learned Single Judge whereby the appellant's writ petition was dismissed. In a tender process pertaining to collection of toll at Vidyasagar Setu (Second Hooghly Bridge), the private respondent was the highest bidder (H-1) and the appellant no. 1 was the second highest bidder (H-2). The appellants approached the learned Single Judge contending that the private respondent did not meet the Technical Criteria as mentioned in the notice inviting tender and hence the Authorities should be restrained from awarding the contract to it. The learned Single Judge negated such contention of the appellant.
(2.) The brief facts of the case are that a notice dated 6 March, 2019 inviting E-Bid for collection of toll at Vidyasagar Setu, Kolkata including handling operation, maintenance, renewing and renovation and upgrading of existing electronically operated Toll Collection system as per requirement was issued by the Hooghly River Bridge Commissioner (in short, "HRBC"). The Technical Criteria stipulated in such notice were to the following effect: "5.1. Technical Criteriaa. The bidder must have minimum 4(four) years experience of operating Toll Bridges and/or Toll Roads.b. The bidder must have experience of operation of a Toll bridge or Toll road having at least 10(ten) lanes preferably with provision of at least 2(two) reversible lanes with fully electronically operated Toll Collection system at single location in India, involving collection of toll fees from vehicles only.c. The bidder shall have experience of handling minimum 50,000 (fifty thousand) vehicles per day in any single Toll Bridge/ Toll Road at a single location in India.d. The amount of average annual toll collection made should be at least Rs. 50(fifty) crore for the last 3(three) years in all locations in India ending on 31st March, 2018. The supporting document is to be submitted duly certified by Chartered Accountant.The Bidders should submit appropriate Credential Certificate from the competent authority in support of all the above technical criteria."
(3.) In the tender process the private respondent emerged as the highest bidder (H-1). The appellant no. 1 (in short, "MEP") became the second highest bidder (H-2) .;