Supreme Court directs MMRDA to consult Maharashtra govt on plans to re-tender ?14,000-cr project
BCCL
Synopsis
The Supreme Court has asked MMRDA to consult with the Maharashtra government. This consultation is about re-tendering tunnel and road projects. These projects connect Thane, Ghodbunder, and Bhayander. The order came after Larsen & Toubro was disqualified from the bidding process. L&T had approached the court seeking a stay on opening financial bids.
The Supreme Court on Monday directed the Mumbai Metropolitan Region Development Authority (MMRDA) to consult the Maharashtra government on whether it plans to re-tender the ?14,000-crore Thane-Ghodbunder to Bhayander tunnel and elevated road projects in the Mumbai Metropolitan Region.
"This is thousands of crores of public money. Please take instructions...Else we will stay this order (of Bombay High Court)," a bench led by chief justice BR Gavai told Solicitor General Tushar Mehta, who appeared for MMRDA.
The chief justice noted that L&T, the contractor for the Central Vista project, was facing a different situation here, while posting the matter for further hearing on Thursday.
Last week, the Bombay High Court rejected L&T's plea for a stay but instructed MMRDA to preserve the price bids submitted electronically for two weeks, allowing the company to appeal to the Supreme Court.
The two infrastructure projects, undertaken by MMRDA, will link Thane and Mira-Bhayandar via twin five-kilometre tunnels, each with a 14.6-metre diameter, from Gaimukh to Fountain Hotel junction at Shilphata. This ?8,000-crore project will also include an elevated road bridge of 9.8 kilometre, worth?6,000 crore, connecting Bhayandar to Ghodbunder Road in Thane. The proposed bridge will be the second-longest in the Mumbai Metropolitan Region, after the Mumbai Trans Harbour Link (Atal Setu).
In its appeal, L&T stated it had not been informed of the status of its bids and learned of its disqualification only during the May 13 hearing. The company claimed MMRDA should have adopted a "fair" approach. L&T's counsel, Raunak Dhillon, argued that the HC's order failed to address the "unlawful and arbitrary" tender process, despite the court's finding that the tender conditions likely violated guidelines from the Public Works Department of Maharashtra and the Central Vigilance Commission.
L&T had submitted its technical bid in December and awaited the outcome. The company recently learned that MMRDA had notified other bidders to be present for the opening of financial bids on May 13, but L&T received no such notice.
L&T's appeal emphasized that the Mumbai authority, as a public body, must act in a fair and transparent manner. The company argued that the decision to open financial bids without informing them of the evaluation outcome was discriminatory, arbitrary, and violated principles of natural justice.
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Larsen & Toubro (L&T), India's largest engineering company by market capitalisation, had last week approached the Supreme Court seeking a stay on the opening of financial bids for the tender after being disqualified."This is thousands of crores of public money. Please take instructions...Else we will stay this order (of Bombay High Court)," a bench led by chief justice BR Gavai told Solicitor General Tushar Mehta, who appeared for MMRDA.
The chief justice noted that L&T, the contractor for the Central Vista project, was facing a different situation here, while posting the matter for further hearing on Thursday.
Last week, the Bombay High Court rejected L&T's plea for a stay but instructed MMRDA to preserve the price bids submitted electronically for two weeks, allowing the company to appeal to the Supreme Court.
The two infrastructure projects, undertaken by MMRDA, will link Thane and Mira-Bhayandar via twin five-kilometre tunnels, each with a 14.6-metre diameter, from Gaimukh to Fountain Hotel junction at Shilphata. This ?8,000-crore project will also include an elevated road bridge of 9.8 kilometre, worth?6,000 crore, connecting Bhayandar to Ghodbunder Road in Thane. The proposed bridge will be the second-longest in the Mumbai Metropolitan Region, after the Mumbai Trans Harbour Link (Atal Setu).
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In its appeal, L&T stated it had not been informed of the status of its bids and learned of its disqualification only during the May 13 hearing. The company claimed MMRDA should have adopted a "fair" approach. L&T's counsel, Raunak Dhillon, argued that the HC's order failed to address the "unlawful and arbitrary" tender process, despite the court's finding that the tender conditions likely violated guidelines from the Public Works Department of Maharashtra and the Central Vigilance Commission.
L&T had submitted its technical bid in December and awaited the outcome. The company recently learned that MMRDA had notified other bidders to be present for the opening of financial bids on May 13, but L&T received no such notice.
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L&T's appeal emphasized that the Mumbai authority, as a public body, must act in a fair and transparent manner. The company argued that the decision to open financial bids without informing them of the evaluation outcome was discriminatory, arbitrary, and violated principles of natural justice.
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