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Time of India
15-05-2025
- Business
- Time of India
Don't open bids for Thane road tunnel for one more day: Bombay HC
Bombay HC MUMBAI: The Bombay high court vacation bench on Wednesday requested MMRDA not to open financial bids until Thursday in the tendering process for the Thane-Ghodbunder to Bhayandar tunnel and elevated road project . This project is the second-longest proposed flyover after Atal Setu. The HC, which heard a petition filed by construction giant Larsen & Toubro (L&T), one of the bidders who invoked the court's plenary power to ensure "transparency and fairness" in the bidding process, said it would take up the matter again on Thursday. On Tuesday, when L&T first moved the HC, the vacation bench of Justices Kamal Khata and Arif Doctor restrained MMRDA from opening the bids scheduled for May 13, until Wednesday. On Wednesday, senior counsel A M Singhvi from Delhi and Janak Dwarkadas in Mumbai argued for L&T, one each for the tunnel and elevated road project bid, to say MMRDA cannot oust them from being present and participating in opening of financial bids. For MMRDA, senior counsel Mukul Rohatgi and solicitor general Tushar Mehta argued that of the five-odd bidders, others were also found non-responsive in both projects at the technical bids stage and would be informed once the final bidder was selected. Dwarkadas said L&T was not intimated about the technical bids status and it was only in court that MMRDA's Mehta orally said it was found non-responsive. "Oral communication is the worst form of arbitrariness," said Dwarkadas. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Is Your £250,000 Portfolio on Pace to Reach Your Retirement Goals? Fisher Investments UK Learn More Undo When the bench asked MMRDA if they could give in writing to L&T their ineligibility, Mehta said "contract terms are so designed to avoid litigation during the tendering process stage." L&T said it came to court to enforce its right to participate as a bidder. MMRDA said it was open to unsuccessful bidders to challenge later after the lowest bidder is selected, and they would not be left remedyless. Both Rohatgi and Mehta said the project was large and in the public interest and could "brook no further delay." Dwarkadas said hypothetically if L&T is found to be the lowest bidder by Rs 2,000 crore and if it finds later its technical bids were rejected arbitrarily, would the state exchequer not be the sufferer? Rohatgi said L&T didn't disclose the clauses of the bid documents which allow MMRDA not to inform the bidder of its ouster during the bidding process-terms identical to the bullet train project and hence for "suppression" alone their plea should be "dismissed with exemplary costs. " Besides, he argued since they participated in the bidding process, they are stopped from challenging the process now. HC will hear and is likely to pass orders in the matter on Thursday.
Time of India
14-05-2025
- Business
- Time of India
Bombay HC asks Mumbai Metropolitan Region Development Authority (MMRDA) to not open financial bids for another day for Thane Bhayandar tunnel project
MUMBAI: The vacation bench on Wednesday requested the Mumbai Metropolitan Region Development Authority ( ) not to open the until Thursday in the tendering process for the Thane-Ghodbunder to Bhayandar tunnel and elevated road project. Tired of too many ads? go ad free now This project is the second longest proposed flyover after Atal Setu. The High Court, which heard a petition filed by construction giant (L&T), one of the bidders who invoked the court's plenary power to ensure 'transparency and fairness' in the bidding process, said it would take up the matter again on Thursday. On Tuesday, when L&T first moved the High Court, the vacation bench of Justices Kamal Khata and Arif Doctor restrained MMRDA from opening the bids scheduled for May 13, until Wednesday. On Wednesday, senior counsel AM Singhvi from Delhi and Janak Dwarkadas in Mumbai argued for L&T, one each for the tunnel and elevated road project bid, to say MMRDA cannot oust them from being present and participating in the opening of financial bids. For MMRDA, senior counsel Mukul Rohatgi and solicitor general Tushar Mehta argued that of the five-odd bidders, others were also found non-responsive in both projects at the technical bids stage and would be informed once the final bidder was selected. Dwarkadas said L&T was not intimated about the technical bids status and it was only in court that MMRDA's Mehta orally said it was found non-responsive. 'Oral communication is the worst form of arbitrariness,' submitted Dwarkadas. When the bench asked MMRDA if they could give in writing to L&T their ineligibility, Mehta said the 'contract terms are so designed to avoid litigation during the tendering process stage. Tired of too many ads? go ad free now ' L&T said it came to court to enforce its right to participate as a bidder. MMRDA said it was open to unsuccessful bidders to challenge later after the lowest bidder is selected, and they would not be left remediless. Both Rohatgi and Mehta said the project was large and in the public interest and could 'brook no further delay.' Dwarkadas said hypothetically if L&T is found to be the lowest bidder by Rs 2000 crore and if it finds later its technical bids were rejected arbitrarily, would the state exchequer not be the sufferer? Rohatgi said L&T didn't disclose the clauses of the bid documents which allow MMRDA not to inform the bidder of its ouster during the bidding process—terms identical to the bullet train project and hence for 'suppression' alone their plea should be 'dismissed with exemplary costs. ' Besides, he argued since they participated in the bidding process, they are estopped from challenging the process now. Dwarkadas argued that the bullet train project was fully foreign-funded and the top court had said judicial review could be restricted only on grounds of 'nepotism and favouritism' but here when the High Court asked if the Thane project was foreign-funded, Rohatgi said, 'not sure as yet' but added, the source of funding doesn't matter as the project is in the public interest and MMRDA was well within its rights to open the financial bids and can leave the non-responsive bidders by the wayside. However, L&T counsel expressed concern at the lack of transparency that it claimed can entail if other bidders are not present when financial bids are being opened. The High Court will hear and is likely to pass orders in the matter on Thursday.
Time of India
13-05-2025
- Business
- Time of India
HC stays opening of bids for Thane road tunnel
Mumbai: The Bombay High Court vacation bench on Tuesday stayed the opening of financial bids for the Thane-Ghodbunder to Bhayandar tunnel and elevated road project. This project is touted to be the second longest flyover after the Atal Setu, which connects Sewri to Nhava over the creek. The Elevated Road is proposed to be an extension to the Mumbai Coastal Road Project and envisages a 9.80 km bridge along the Vasai creek. The stay was granted by HC on a plea by construction giant Larsen & Toubro (L&T), which said it had received no intimation regarding the fate of its bids unlike other contenders. The matter has been posted for hearing first on the board on Mumbai Metropolitan Region Development Authority (MMRDA) had invited bids for the project last July. L&T, represented by senior counsel Janak Dwarkadas, said it submitted technical and financial bids on Dec 30, 2024. The technical bids were opened by MMRDA on Jan 1, 2025 and were under evaluation since. L&T said it has received no intimation from MMRDA so far on the outcome of the evaluation of its company argued that without informing it of the result of the evaluation, the financial bids were scheduled to be opened on May 13. Senior counsel Dwarkadas, seeking an urgent stay on the opening of the bids, said his client was "not a fly-by-night operator. It's one of the leading firms having been associated with some of Mumbai's largest public infrastructure projects." L&T said it recently learnt that some other bidders had received an intimation regarding the opening of the financial bids. Hence, L&T had approached the court to challenge MMRDA's move and seek an urgent stay. Dwarkadas said if financial bids were opened to the exclusion of L&T, it would be contrary to a fair and transparent tender process and well-established legal through solicitor general Tushar Mehta at the hearing before a division bench of Justices Kamal Khata and Arif Doctor, said it was not required to convey to L&T that its bid was found to be unresponsive before opening the financial bids. To this, Dwarkadas said it was unfair for MMRDA to state this orally in court without supplying reasons or grounds for the rejection. Mehta argued that the very fact that L&T was not invited for the financial bid opening meant that its bid was not found responsive. MMRDA was within its rights to open the financial bids and communicate the outcome of the technical evaluation without informing L& company, however, argued that it would be "discriminatory, arbitrary and in violation of the principles of natural justice…with serious consequence of depriving L&T of its valuable constitutional rights..."Mehta said the MMRDA action was justified given that the project is in public interest. The financial bids were to be opened at 11 am and 11:30 am for the Road Tunnel Project and the Elevated Road Project, respectively. The court ordered that until it hears the matter at length on May 14, "financial bids shall not be opened by the Respondent-MMRDA."
Time of India
29-04-2025
- Business
- Time of India
BMC seeks two IITs' expertise for dust sensors, HC gives 6 wks for installation
Mumbai: BMC on Tuesday told Bombay HC that it has appointed IIT-B and IIT-Kanpur to devise ways to centrally connect dust sensors at construction sites. Identifying these sites in Mumbai as major sources of pollution, HC had in Jan directed installation of dust sensors. By way of "indulgence," Chief Justice Alok Aradhe and Justice M S Karnik gave BMC time till June 12 to comply with the Jan order and verify if CCTV cameras can be affixed by developers at construction sites. HC warned that non-compliance may elicit orders to shut down sites, as contemplated in its earlier order. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai BMC said IIT-K's proposal of 75 low cost sensors, called Mumbai Air Network for Advanced Science (MANAS), has received administrative nod and will help identify hotspots for hyperlocal monitoring to improve air quality. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Nagelpilz-Innovation: Dieses Lasergerät ist ein Wunder Heilratgeber Weiterlesen Undo HC, which is hearing a suo motu PIL from 2023 on rising air pollution in Mumbai, had in Jan directed Maharashtra Pollution Control Board (MPCB) that sensors be installed at construction sites to measure particulate matter. If PM2.5 readings exceed permissible limits, BMC should shut such sites, senior counsel Janak Dwarkadas said on behalf of the intervener, NGO Vanshakti. Dwarkadas said a straightforward direction of the court should not take so long to be implemented, but MPCB in its affidavit said it held a meeting in Feb where it referred the matter to BMC. "Once HC direction is there, what is there to hold meetings and discuss?" Dwarkadas asked. Senior counsel Milind Sathe for BMC said it doesn't consider the NGO as a technological expert. In its affidavit, BMC said it wants the IITs' expertise in ensuring a centralised connection of the sensors. HC said the civic body could have sought modification of its order if it wanted to appoint experts, but said as indulgence, it would give time for compliance and "after that, we will deal with it". Senior counsel Darius Khambata, as amicus curiae (friend of court) appointed by HC to assist in the matter, pointed out that MPCB, which conducted an audit of red category (most polluting) industries, is yet to submit its findings. HC directed the pollution regulator to hear interveners, too, on the issue of polluting bhattis (local bakeries), and submit its audit findings by June 12. Former advocate general Ashutosh Kumbhakoni, representing MPCB, said he would. On Khambata pointing to pollution by bhattis in Chandivli and through garbage burning in Ulhasnagar, HC directed MPCB to verify and take action. BMC said it has already directed all bakeries to transition to cleaner fuels in six months; in the last four months, 34 have complied. BMC said it is monitoring Metro, coastal road and bullet train work sites, and has placed sprinklers at exit points.
