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On 3rd November 2021, CIDCO published Notice Inviting Bids for carrying out the work of conversion of existing 220kV and 33kV EHV/HT O/H lines of MSETCL and MSEDCL into underground cable system in Sector-5, Kharghar Node (NIB). The estimated cost provided in the NIB was Rs.50,77,79,970.04. Under the NIB, it was permissible for a bidder to collaborate with an Indian cable manufacturer and also with a foreign collaborator. The last date for submission of bids was 3rd December 2021. Petitioners submitted their online bid on 3rd December 2021. Respondent no.8-BNC Power Projects Limited (BNC) as well as one more company, viz. M/s. KEI Industries Limited also submitted their bids. BNC executed Manufacturer Authorization Form with Sterlite Power Transmission Ltd. (Sterlite Power), an Indian cable manufacturer who in turn has collaborated with Taihan Cables and Solutions Company Ltd., (Taihan) a Korean Company, as permissible under Clause 6H of the NIB. Under arrangement proposed by BNC, Sterlite Power would manufacture cable systems of requisite technical specifications at its facility in collaboration with Taihan and BNC would execute the work of 902-WP-1995-2022-Jt_final laying the cable system. CIDCO opened technical bids on 6th December 2021 and found the three bidders, i.e., petitioners, BNC and M/s. KEI Industries Ltd. to be technically qualified. The technical bids of all the bidders were uploaded by the CIDCO on e-tender portal.

(2020) 16 SCC 489 (2022) 5 SCC 362 2020 SCC OnLine SC 1035 (2022) 6 SCC 127 902-WP-1995-2022-Jt_final Reasons and Analysis:

8. Power corridors set up by transmission companies involve utility of large stretch of lands beneath such corridors. When such power corridor passes through an urban area, there is tendency to encroach upon public land beneath the power corridor. With the novel objective of preventing encroachment of land covered by power corridor in Sector-5, Kharghar as well as for using that land for public utilities and for plotted development, CIDCO decided to undertake the work of shift/conversion of overhead lines into underground cable system. The land freed by such conversion is to be utilized for development of plots for cultural complex, art gallery, center for performing arts as well as commercial plus residential plots in Sector 5, Kharghar, Navi Mumbai. Since overhead lines of MSETCL and MSEDCL are proposed to be converted into underground cable system, the work is to be carried out under the supervision of MSETCL. The technical specifications are also provided by MSETCL.

9. For appointing a contractor to execute the work of conversion of overhead lines of MSETCL and MSEDCL into underground cable system in Sector 5, Kharghar node, CIDCO invited NIB. NIB estimated cost of the work at Rs.50,77,79,970.04. The bidders possessing valid electrical contractor license and registered with CIDCO or with State Government of Maharashtra and its undertaking were permitted to submit their bids. Some relaxation is given in condition of registration. Since the execution of work involves laying of cables, which could be manufactured by third parties (manufacturer), technical eligibility criteria for manufacturer 902-WP-1995-2022-Jt_final is also spelt out in the NIB, in addition to the eligibility criteria for bidders. Under the NIB, it is permissible for such Indian cable manufacturer to have technical collaboration with a foreign firm (collaborator) subject to submission of manufacturer authorization form to the bidder. Such collaborator is also required to meet some of the terms and conditions (Clauses B to D) in the NIB.