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Time of India
20-05-2025
- Business
- Time of India
Thane tunnel-elevated road: HC junks L&T pleas, OKs bid opening
Mumbai: Declining relief to construction giant Larsen & Toubro , Bombay high court vacation bench on Tuesday dismissed its petitions against the opening of financial bids for the Rs 14,000 crore Thane-Ghodbunder to Bhayandar tunnel and elevated road project , and gave the go-ahead to the Mumbai Metropolitan Region Development Authority ( MMRDA ) to open the bids. A division bench of Justices Kamal Khata and Arif Doctor discontinued the interim stay it had granted last week on opening of the financial bids on May 13, but on a request made by L&T counsel in both matters, directed MMRDA to preserve the price bids for two weeks from the date they are opened and the decision is communicated. L&T will now appeal to Supreme Court. The 5km tunnel and 9.8km elevated road together is touted to be the second longest road project in the country after the 22km Atal Setu, also executed by MMRDA. The elevated road, to be built along Vasai Creek, is proposed to be an extension to the Mumbai Coastal Road. What weighed with the HC was that L&T, as a bidder, accepted certain tender terms and participated in the bids. Also, it was a mega infrastructure project, and any delay would adversely impact its execution. However, no prejudice would be caused to L&T if its rights are kept open to challenge the final award and its rejection later. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Perdagangkan CFD Emas dengan Broker Tepercaya IC Markets Mendaftar Undo The HC did find much merit in Singhvi's submission that the tender terms were contrary to the PWD and CVC guidelines. The HC observed the tender conditions to be prima facie "opaque and such that could give rise to the tendering authority acting in an arbitrary and non-transparent manner." But it noted that L&T accepted the terms and participated without challenging them as they should have. The company filed two petitions challenging the opening of financial bids without MMRDA first intimating the decision on the technical bids. The HC said the petitioner suppressed certain material facts, a part of the tender condition, as argued by MMRDA's senior counsel Mukul Rohatgi and Solicitor General Tushar Mehta. It was incumbent on the company to set out the clause and explain why it was not applicable, the HC said in its order, adding, "It is well settled that the party who invokes the extraordinary jurisdiction of this court is supposed to be truthful, frank, and open and must necessarily disclose all the material facts without any reservation, even if they are against such a party. It is not open to a party who seeks equity to play 'hide and seek' or to 'pick and choose' certain facts and to suppress and/or conceal other facts."
Time of India
20-05-2025
- Business
- Time of India
No stay on opening of financial bids in Thane-Bhayandar tunnel and elevated road project: Bombay HC, denies relief to L&T
Bombay HC MUMBAI: The Bombay High Court vacation bench on Tuesday granted no relief to construction major Larsen & Toubro, one of the bidders in the Thane-Bhayandar Tunnel and elevated road project. The division bench of Justices Kamal Khata and Arif Doctor did not stay the opening of the financial bids that were scheduled for May 13, originally. However, the HC stated that after opening the financial bids and communicating the decision to the winning bidder, the financial bids are to be preserved in a sealed cover for two weeks to enable L&T to appeal to the Supreme Court. The tunnel, 5 km, and the elevated road, 9.8 km, together make it 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 project cost is estimated at over Rs 14,000 crore. Earlier, as an urgent interim order, the HC initially stayed the opening of the financial bids—the final stage of the bidding process—for a day and then, during the hearing, asked the Mumbai Metropolitan Region Development Authority (MMRDA), which is executing the two projects, not to open the bids until it passes orders. The reasoned judgment copy will be made available later during the day. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Ative sua licença do antivírus agora Clique aqui Undo However, when L&T's senior counsel Janak Dwarkadas, in one of the two petitions—separate petitions were filed for the two bids for the tunnel and elevated road—sought to request the presence of the company's representatives at the opening of the financial bids, the HC was not inclined and orally said it was held in his petition that the bidder came to court after suppressing material. Last Thursday, the HC closed for orders a petition filed by construction major Larsen & Toubro (L&T) to challenge the opening of financial bids without its presence as a bidder for two projects, one a tunnel and the other an elevated road from Thane-Ghodbunder to Bhayander. Earlier, L&T played a lead role in the construction of the Mumbai Trans Harbour Link (Atal Setu), also an MMRDA project. 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 intimated once the bidder is finalised after the opening of financial bids. There were around five bidders overall, the court was informed. Rohatgi argued that the petitioner suppressed bid conditions and clauses which clearly enable MMRDA not to disclose its decision on the technical bid round to the bidders during the process but entail intimation after the winning bid is selected. 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. 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 the Montecarlo matter held, '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.' The Elevated Road Project is an extension to the Mumbai Coastal Road Project: envisages a 9.80 km bridge passing along the Vasai Creek. It is estimated at approximately ₹6000 crore, The tunnel is 5 km long from Gaimukh to Fountain Hotel Junction on Thane Ghodbunder Road; estimated at Rs 8000 crore with the largest diameter of 14.6 m. L&T invoked PWD guidelines casting obligations on communicating the list of qualified/disqualified bidders after the technical round, which the MMRDA argued was not mandatory as held earlier in a matter by the HC., MMRDA argued that the guidelines were not mandatory as held earlier in another matter by the HC
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Business Standard
20-05-2025
- Business
- Business Standard
Thane road, tunnel tender row: HC denies relief to L&T, okays bid opening
The Bombay High Court on Tuesday denied relief to construction giant Larsen & Toubro (L&T) in connection with the dispute over the Thane-Ghodbunder to Bhayandar tunnel and elevated road projects, giving a go-ahead for the opening of tender bids. A vacation bench of Justices Kamal Khata and Arif Doctor said it was not continuing its interim stay passed last week restraining the Mumbai Metropolitan Region Development Authority (MMRDA) from opening the financial bid, which is the last stage of the tendering process. The financial bid was scheduled to be opened on May 13. L&T had filed two petitions in the high court earlier this month, challenging the non-intimation of the status of its bid by the MMRDA for the projects. The bench on Tuesday rejected the petitions but directed the MMRDA to keep the company's price bids in a sealed cover for one week after the tender is opened. "We are not continuing the earlier interim order of stay," the court said. The construction company, in its pleas, stated it was not intimated about the outcome of the technical bid process for the Rs 6,000 crore project, which includes a 9.8-km elevated road over Vasai Creek, touted as the second longest in the country after the Atal Setu. L&T submitted its technical and financial bids on December 30, 2024. The technical bids were opened on January 1, 2025, but the company claimed it received no communication thereafter. It said the MMRDA's non-communication violated the principles of fairness and transparency in the tendering process. Solicitor General Tushar Mehta and senior counsel Mukul Rohatgi, appearing for the MMRDA, had argued that as per the tender conditions, only responsive bidders would be intimated. Since L&T's bid was found to be non-responsive, the agency was under no obligation to communicate with the company. The MMRDA said it was open to unsuccessful bidders to challenge later after the lowest bidder is selected, and they would not be left remediless. Rohatgi and Mehta said the project was large and in the public interest and could "brook no further delay".
Hindustan Times
20-05-2025
- Business
- Hindustan Times
Thane tunnel, elevated road tender dispute: HC denies relief to L&T, okays opening of bids
Mumbai, The Bombay High Court on Tuesday denied relief to construction giant Larsen & Toubro in connection with the dispute over the Thane-Ghodbunder to Bhayandar tunnel and elevated road projects, giving a go-ahead for the opening of tender bids. A vacation bench of Justices Kamal Khata and Arif Doctor said it was not continuing its interim stay passed last week restraining the Mumbai Metropolitan Region Development Authority from opening the financial bid, which is the last stage of the tendering process. The financial bid was scheduled to be opened on May 13. L&T had filed two petitions in the high court earlier this month, challenging the non-intimation of the status of its bid by the MMRDA for the projects. The bench on Tuesday rejected the petitions but directed the MMRDA to keep the company's price bids in a sealed cover for one week after the tender is opened. "We are not continuing the earlier interim order of stay," the court said. The construction company, in its pleas, stated it was not intimated about the outcome of the technical bid process for the ₹6,000 crore project, which includes a 9.8-km elevated road over Vasai Creek, touted as the second longest in the country after the Atal Setu. L&T submitted its technical and financial bids on December 30, 2024. The technical bids were opened on January 1, 2025, but the company claimed it received no communication thereafter. It said the MMRDA's non-communication violated the principles of fairness and transparency in the tendering process. Solicitor General Tushar Mehta and senior counsel Mukul Rohatgi, appearing for the MMRDA, had argued that as per the tender conditions, only responsive bidders would be intimated. Since L&T's bid was found to be non-responsive, the agency was under no obligation to communicate with the company. The MMRDA said it was open to unsuccessful bidders to challenge later after the lowest bidder is selected, and they would not be left remediless. Rohatgi and Mehta said the project was large and in the public interest and could "brook no further delay".
Time of India
20-05-2025
- Business
- Time of India
No stay on financial bid opening for Thane-Bhayandar tunnel, elevated road projects: Bombay HC vacation bench
MUMBAI: The vacation bench on Tuesday granted no relief to construction major , one of the bidders in the Thane-Bhayandar Tunnel and elevated road project. The division bench of Justices Kamal Khata and Arif Doctor did not stay the opening of the that had been scheduled for May 13, originally. Tired of too many ads? go ad free now But HC said after opening financial bids and communicating the decision to the winning bidder the financial bids are to be preserved in a sealed cover for two weeks, to enable L&T to go in appeal to the Supreme Court. The tunnel, 5 km and elevated road, 9.8 km together make it the second longest road project after the almost 22 km long and is being undertaken by the Mumbai Metropolitan Region Development Authority (MMRDA). The project cost is estimated together at over Rs 14000 crore. Earlier as an urgent interim order, the HC had initially stayed the opening of the financial bids—the final stage of the bidding process—for a day and then during the hearing had asked Mumbai Metropolitan Region Development Authority (MMRDA) which is executing the two projects, to not open the bids till it passes orders. The reasoned judgment copy will be made available later, during the day. But when L&T's senior counsel Janak Dwarkadas in one of the two petitions—separate petitions were filed for the two bids for the tunnel and elevated road—sought to request presence of company's representatives at the opening of the financial bids, the HC was not inclined and orally said it had in his petition, held that the bidder had come to court after suppressing material. Last Thursday, the HC had closed for orders a petition filed by construction major Larsen &Toubro (L&T) to challenge the opening of financial bids sans its presence as a bidder for two projects, one a tunnel and the other an elevated road from Thane-Ghodbunder to Bhayander. Tired of too many ads? go ad free now Earlier L&T had played a lead role in construction of the Mumbai Trans Harbour Link (Atal Setu), also an MMRDA project. The High Court, vacation bench of Justices Kamal Khata and Arif Doctor sought written submissions from both sides. On Wednesday, it had requested MMRDA to not open the bids till Thursday when it concluded the hearing and extended the stay against 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, 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 and under the terms of the tendering process, will be intimated once the bidder is finalised after opening of financial bids. There were around five bidders, over all, the court was informed. Rohatgi had argued that the petitioner had suppressed bid conditions and clauses which clearly enable MMRDA to not disclose its decision on the technical bid round to the bidders during the process but entail intimation after the winning bid is selected. For L&T, which had filed two separate petitions for the tunnel and , senior counsel AM Singhvi and S U Kamdar appeared on Thursday arguing how the non-intimation after opening of technical bids—the second stage of bidding process—flouted even State guidelines and various fundamental rights including equality, right to trade and right to life, in tenders for , entailing public funds. Rohatgi and Mehta, cited the Mumbai-Ahmedabad highspeed 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 auger well, Mehta argued. L&T counsel had argued that the bullet train is foreign funded and the SC had carved a distinction, but MMRDA cannot be allowed to turn the settled principles of transparency and fairness long held by the courts as foundation of tendering process for public project, on its head. MMRDA said the tender terms were same in the bullet train project hence L&T petition out to be dismissed. The SC in Montecarlo matter had held, '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 disables 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 exercise of its discretion while entertaining such petitions…''
