JABALPUR, India, Sept. 24 -- Madhya Pradesh High Court issued the following judgment/order on Aug. 25:

1. Petitioner impugns the Condition No.4(b) of NIT dated 02.08.2025 issued by the respondent No.1, whereby offers were invited for dismantling and Sale of balance Retired Units No.6, 7, 8 and 9 of Satpura Thermal Power Station, Sarai (Part-II).

2. Petitioner impugns a solitary condition in the eligibility criteria which is extracted as under :

(b) Experience Criteria: - Should have successfully executed orders (including part executed) by the Buyer as a main contractor of same or similar i.e. retired Power plant with one or more units, having total installed capacity of 200 MW or above, which should essentially include dismantling and subsequent lifting of Steam Generator (Boiler), Steam Turbine, Generator and their Associated Auxiliaries, type of works / contracts in State Owned Power Generating Companies /Other Captive Power Utilities of PSU / NTPC / Govt. Industries or Departments / Semi Govt. Industries or Departments / Other Leading Industries / IPPs / PSUs in India placed in last 7 years ending with initial date of opening of bid; are to be uploaded. Buyers should be

Or

(i) Having one order where in work is completed or partly completed with value of the completed or partly completed work as Rs. 113.304 Crore (excluding Taxes) or above.

Or

(ii) Having two orders where in work is completed or partly completed with value of completed or partly completed work as Rs, 70.815 Crore (excluding axes) or above

Or

(iii) Having three orders where in work is completed or partly completed with value of completed or party completed work as Rs.56.652 Crore (excluding Taxes) or above.

3. The contention of the petitioner is that it is not clear as to whether the installed capacity of entire power generation plant should be 200 MW or above or the capacity of the retired power plant should be 200 MW or above. Further, it is contended that such criteria has been prescribed to favour big players and to oust smaller players. Learned counsel for the petitioner submits that petitioner had dismantled retired power plant to the extent of 120 MW out of the complete installed capacity of 450 MW.

4. In the instant case, respondents have invited bids to dismantle and sale of balance retired four units each having an installed capacity of 200 MW. The experience criteria as required in the bid prescribes that the contractor should have experience of dismantling retired power plant with one or more units having total installed capacity of 200 MW or above. Since the respondents seek to dismantle four retired units of 200 MW each, it is clear that they have sought participation by bidders who have experience of dismantling of at least one retired unit of installed capacity of 200 MW. Petitioner clearly does not satisfy the eligibility criteria as petitioner has dismantled a unit having an installed capacity of 120 MW. The contention of learned counsel for the petitioner that the installed capacity of 200 MW should be read as the installed capacity of the entire power plant and not the retired unit of the plant that is sought to be dismantled does not in our view have any merit for the reason that tender is for four units in question having installed capacity of 200 MW each and since the respondents are seeking dismantling of the retired power units of 200 MW each, they have in our view correctly prescribed the precondition of having experience of retiring at least one plant having installed capacity of 200 MW.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WP/32969/WP_32969_2025_FinalOrder_25-08-2025_digi.pdf)

Disclaimer: Curated by HT Syndication.