Bombay HC reserves order on L&T plea over exclusion from bidding process for MMRDA tunnel and road projects
The Bombay High Court is considering L&T's challenge against MMRDA's decision to open financial bids for two major infrastructure projects without L&T's presence, after deeming their technical bids non-responsive.
MUMBAI: The Bombay High Court vacation bench on Thursday closed for orders a petition filed by construction major Larsen & Toubro (L&T) to challenge the opening of financial bids without its participative presence as a bidder for two projects: one a tunnel and the other an elevated road from Thane-Ghodbunder to Bhayander.
It is touted as the second longest road project after the almost 22 km long Atal Setu and is being undertaken by the Mumbai Metropolitan Region Development Authority (
MMRDA
). The Mumbai Trans Harbour Link (Atal Setu) saw L&T playing the lead role in its construction.
The High Court vacation bench of Justices Kamal Khata and Arif Doctor sought written submissions from both sides. On Wednesday, it requested MMRDA not to open the bids until Thursday when it concluded the hearing and extended the stay against the opening of the financial bid, which is the last stage of the tendering process. Senior counsel Mukul Rohatgi, logging in via video conferencing from Delhi and appearing for MMRDA, as did Solicitor General
Tushar Mehta
, said not just L&T, there were two other bidders in one of the projects and one more in the second project who were found non-responsive when technical bids were opened.
Under the terms of the tendering process, they will be informed once the bidder is finalised after the opening of financial bids. There were around five bidders overall, the court was informed.
For L&T, which filed two separate petitions for the tunnel and elevated road projects, senior counsel AM
Singhvi
and
SU Kamdar
appeared on Thursday, arguing how the non-intimation after the opening of technical bids—the second stage of the bidding process—flouted even state guidelines and various fundamental rights, including equality, the right to trade, and the right to life, in tenders for public projects entailing public funds.
by Taboola
by Taboola
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
2025 Top Trending local enterprise accounting software [Click Here]
Esseps
Undo
Rohatgi and
Mehta
cited the Mumbai-Ahmedabad high-speed rail (bullet train) project judgment of the Supreme Court, termed the 'Montecarlo' case, after the bidder whose technical bid was held non-responsive went to court and was unsuccessful before the apex court. In large public projects, the bid documents are made to ensure there is no litigation during the tendering process, as delay would not augur well, Mehta argued.
L&T counsel argued that the bullet train is foreign-funded and the SC carved a distinction, but MMRDA cannot be allowed to turn the settled principles of transparency and fairness, long held by the courts as the foundation of the tendering process for public projects, on its head. MMRDA said the tender terms were the same in the bullet train project, hence L&T's petition ought to be dismissed.
The SC in Montecarlo said, 'Even while entertaining the writ petition and/or granting the stay which ultimately may delay the execution of the mega projects, it must be remembered that it may seriously impede the execution of the projects of public importance and disable the state or its instrumentalities from discharging the constitutional and legal obligation towards the citizens. Therefore, the High Courts should be extremely careful and circumspect in the exercise of its discretion while entertaining such petitions…'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
3 hours ago
- The Hindu
Property owners in south Delhi lament pause on leasehold-to-freehold conversion
An undeclared pause on leasehold-to-freehold conversion for the past two and a half years by the Land and Development Office (L&DO) has put many owners in south Delhi in a fix over the legal status and future prospects of their properties. A total of 264 such applications by owners in Chittaranjan Park, Lajpat Nagar and Defence Colony, among other areas, are pending with the L&DO, which comes under the Ministry of Housing and Urban Affairs, since the authority paused the issuance of fresh no-objection certificates (NOCs) in December 2022. The L&DO has cited an impending revision in land rates as the reason for not issuing the NOCs, which are mandatory for the sale and registration of leasehold and freehold properties. The L&DO revised land rates for both residential and commercial areas last in 2017. A fresh rate revision is awaited. A freehold property ownership also gives the owner complete rights without any restrictions over the property's construction, modification, and transfer. When reached for comment, the L&DO did not respond. Many of the applicants The Hindu reached out to said the NOCs are essential to carry out urgently needed infrastructural revamps. 'House needs repair' A property owner in Chittaranjan Park, who spoke on condition of anonymity, said, 'Every year, rain causes a lot of waterlogging around my house, causing severe damage to the structure. I want to reconstruct it. Since 2023, I have visited L&DO's office more than 20 times, but I haven't yet got the NoC.' A Defence Colony-based property agent, Pankaj Garg, said, 'I know several such families who are waiting to sell their properties. Many of them, who got these properties 30 to 40 years ago, are old now and can't manage without a lift.' Another property agent, Himanshu Pahwa, said growing families find it difficult to adjust to the continually shrinking spaces. 'At least 15 families I know are waiting to sell these old properties and buy bigger spaces with more luxury in other parts of the NCR [National Capital Region].' Meanwhile, some property dealers see a silver lining amid the long wait for NOCs. 'The delay is a good thing. It has slowed down new developments. This helps us crack deals quicker. Low inventory doesn't give buyers too many options,' said an agent on the condition of anonymity. The L&DO has around 7% of the land in Delhi. The authority gave away these parcels on lease after Independence at nominal rates to establish residential areas. A total of 60,526 properties are under it, of which 34,905 have been converted to freehold. An owner has to meet three conditions to get their property converted to freehold — there should be no unauthorised construction in the leased property, the property must not be put to any other use than the one specified in the lease deed, and it should be free 'from all kinds of encumbrances', including legal disputes and court injunctions.
Time of India
4 hours ago
- Time of India
Maharashtra IT department emerges as primary cloud service provider for govt departments
Pune: Maharashtra's Information Technology Corporation Ltd (MahaIT) has become the main cloud service provider for govt departments. Senior state IT officials confirmed that several departments have already began migrating their data to MahaIT's cloud platform, marking a strategic shift in the state's data management approach. Tired of too many ads? go ad free now "It is a win-win situation — departments gain peace of mind regarding data safety and security, while we strengthen our capabilities in cloud services," said an official. The move has come in the aftermath of a major controversy earlier this year when MahaIT filed a criminal complaint against a private cloud vendor and its directors over alleged extortion and threats to delete sensitive govt data. The FIR accused the firm of breaching contract terms and blocking access to services for eight departments after invoicing for undelivered services. The matter escalated to Bombay High Court, which directed affected departments to transfer their data to MahaIT's cloud. Launched under Maharashtra's 2018 public cloud policy — the first of its kind in India — the state mandated all govt departments to store data on cloud platforms, opening a Rs 200 crore opportunity for cloud service providers. However, concerns over security and vendor reliability have since prompted a greater push for in-house cloud solutions. Currently, MahaIT is in discussion with multiple departments to broaden cloud adoption on its platform, aiming to consolidate govt data under a single, secure service provider. Many departments, such as the state registration department, the agriculture department, and many others, have shifted to cloud. "There are several departments that are already using cloud services. We will reach out to all departments and put across our services,'' an IT official added.
New Indian Express
5 hours ago
- New Indian Express
HDFC Bank denies fraud allegations by Lilavati Trust; calls them smear campaign to avoid loan repayment
HDFC Bank has issued a strong rebuttal against allegations of financial fraud targeting the bank and its CEO, Sashidhar Jagdishan. In a statement on Sunday, the bank asserted these accusations are part of a campaign by "unscrupulous persons" abusing the legal system to obstruct the recovery of a long-standing loan from defaulters, specifically Splendour Gems Limited (formerly Beautiful Diamonds Limited). The allegations stem from a complaint by the Lilavati Kirtilal Mehta Medical Trust (LKMM Trust). The trust accuses Jagdishan of accepting a significant sum to harass the father of a trust member, presenting handwritten diary entries as purported evidence. The trust seeks punitive action against the CEO, including suspension and prosecution. HDFC Bank firmly denies all accusations, labeling them "completely false, outrageous, malicious, and baseless." It links the complaint directly to its efforts to recover dues from Splendour Gems, owned by the Mehta family. According to the bank, Splendour Gems defaulted in 2001 on loan facilities granted in 1995 by an HDFC-led consortium. Despite a 2004 Debt Recovery Tribunal certificate and subsequent enforcement actions, the bank says, the outstanding amount owed to HDFC Bank alone, including interest, stood at approximately ₹65.22 crore as of May 31, 2025. The bank states that members of the Mehta family have repeatedly initiated legal actions (criminal complaints, minority rights petitions, regulatory representations) against HDFC Bank and its officials. These actions, it claims, have been dismissed or are under challenge. The latest trust complaint is seen as another retaliatory move with "mala fide intention" solely aimed at evading repayment. HDFC Bank sees this as a deliberate escalation to personal attacks against Jagdishan, designed to "malign reputation," "intimidate" the bank, and create a "calculated distraction" from their liabilities after exhausting legal avenues. The bank strongly condemned the allegations as a "gross misuse of the legal process" and reiterated its commitment to high corporate governance standards. it highlighted its "robust internal controls and compliance mechanisms," and emphasised that its governance framework ensures "transparency, accountability, and ethical conduct." HDFC Bank has said that it will "pursue all lawful remedies" to recover the funds and defend the reputation of the bank, its directors, and employees. The LKMM Trust has also levelled charges against eight individuals, including former office bearers, for alleged embezzlement. These broader charges include financial fraud, criminal conspiracy, abuse of fiduciary position, evidence tampering, and obstruction of justice, based on a recent court order and FIR.
