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The Bombay High Court recently dismissed petitions filed by Larsen & Toubro (L&T) that challenged the Mumbai Metropolitan Region Development Authoritys (MMRDA) decision to open financial bids for the significant Thane-Ghodbunder to Bhayandar tunnel and elevated road projects. While delivering its oral judgment, a division bench comprising Justices Kamal R Khata and Arif S Doctor directed that the electronically submitted price bids by L&T for both projects be preserved in a sealed cover for two weeks. This provision allows L&T time to consider an appeal to the Supreme Court. A detailed order had not been uploaded at the time of reporting. The dispute stems from two tenders floated by the MMRDA last year. These tenders cover the design and construction of an elevated road from Fountain Hotel Junction on Thane-Ghodbunder Road to Bhayander, estimated at ?6,000 crore, and the design and construction of an underground road tunnel from Gaimukh to Fountain Hotel Junction on Thane-Ghodbunder road, with an estimated cost of ?8,000 crore. L&T, represented by law firm AVP Partners in two separate petitions, asserted that it had not received any communication regarding the status of its bids, unlike other bidders. The MMRDA was represented by law firm DSK Legal. In the case concerning the elevated road project, the court declined to extend the stay on the opening of financial bids, rejecting L&T’s request for further deferment. For the tunnel project, the court dismissed L&T’s plea, citing that the engineering and construction giant had approached the court with suppressed material. Senior counsels Abhishek Manu Singhvi and Janak Dwarkadas, arguing on behalf of L&T, stated that technical and financial bids were submitted on December 30, 2024, and technical bids were opened on January 1, 2025, for evaluation. They contended that L&T had not received any related communication. Countering this, Solicitor General Tushar Mehta and Senior Advocate Mukul Rohatgi, representing MMRDA, argued that there was no requirement to inform L&T that its bid was unresponsive before opening financial bids. The state government authority also emphasized the public interest nature of the project, asserting its right to open financial bids and communicate technical evaluation outcomes without specifically informing L&T. These critical road projects represent the final segment of the ambitious coastal road project, which aims to significantly alleviate traffic congestion and reduce travel times from Mumbais northern suburbs to its central and southern parts. One of the proposed bridges in these projects is set to become the second largest after the existing Mumbai Trans Harbour Link (MTHL) bridge, also known as Atal Setu. |
