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NHAI Span Rule Upheld: EPC Bid Disqualification Stands

4 min read
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Case Overview

The Delhi High Court has backed the National Highways Authority of India’s strict reading of bridge-span eligibility, dismissing Roadway Solutions India Infra Limited’s challenge to its disqualification from Package VIII of the Vadodara-Mumbai Expressway.

The ruling is more than a single bid rejection — it confirms NHAI now treats technical credential verification and debarment as active procurement levers, not administrative formalities.

The Certification Dispute

At the centre of the dispute is modified Clause 2.2.2.2(ii), which required bidders to demonstrate a completed Major Bridge, ROB, or flyover with a span of at least 53.6 metres.

Roadway Solutions relied on a Maharashtra State Road Development Corporation certificate dated 17 April 2026 describing a Vehicular Overpass as 1×15m + 1×55.80m + 1×15m. An earlier MSRDC certificate from 13 May 2023 described the same structure as 2×41.50m.

When NHAI sought clarification directly from MSRDC, the authority confirmed two 41.5-metre spans and an 83-metre overall structural length.

What the Court Found

The Court applied the IRC-5/2024 definition — span means the horizontal distance between centre lines of adjacent supports.

The Court’s key findings included:

- Rejected the argument that the full 83-metre length could be counted as a single span.
- Dismissed the skew-dimension and Minor Bridge arguments.
- Held that a bidder who participates with knowledge of the criteria cannot later re-characterise the reference structure.

Responsibility Shift and Market Implications

For contractors, the operative finding is the responsibility shift.

The Court held that once Roadway Solutions obtained and relied on the MSRDC certificate, it was responsible for verifying its correctness and could not deflect blame to the issuing authority.

The debarment show-cause notice dated 28 July 2026 was allowed to stand, with a three-day reply window, ₹25,000 costs imposed on the petitioner, and NHAI directed to adjudicate in accordance with law.

The signal for the EPC market is unambiguous: NHAI is now cross-checking credentials directly with issuing authorities, and any material inconsistency carries disqualification and debarment exposure, even where a third party authored the certificate.

Bidders with borderline bridge-span experience should audit every certificate against as-built drawings before submission. The distinction between span and structural length is now judicially settled — and it is not in the bidder’s favour.

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