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The Mumbai Metropolitan Region Development Authority (MMRDA) on Friday told the Supreme Court that it has decided to scrap the previous tender process floated for the mega infrastructure projects, including the construction of Rs 8,000 crore Thane-Ghodbunder to Bhayandar road tunnel and Rs 6,000 crore elevated road projects.
The submission was made during the hearing of a petition filed by Larsen & Toubro (L&T), which alleged that it was unfairly disqualified from the tender process at the stage of considering financial bids, without being informed about the outcome of its technical bid.
The Apex Court had earlier questioned L&T’s exclusion, observing that the company was instrumental in the rescue of workers in Uttarakhand and has built key elements of projects like the Central Vista project. The Bench of Chief Justice of India (CJI) BR Gavai and Justice AG Masih had observed had transparency was key in such tender processes.
Today, the Bench of CJI Gavai, Justice Masih and newly-sworn in Justice Atul Chandurkar appreciated the MMRDA for scrapping the entire tender process in the larger public interest.
Noting that they were now in the era of transparency, the Apex Court disposed of L&T’s plea as infructuous.
The petitioner had flagged procedural lapses and alleged unfair treatment in the bidding for the Thane-Ghodbunder to Bhayandar infrastructure project, a key part of Mumbai’s urban transport expansion.
On Thursday, Senior Advocate Abhishek Manu Singhvi, appearing for L&T, contended that the company selected for the project lacked credentials and stressed that the process for selection was opaque.
Senior Advocate Mukul Rohatgi, representing the MMRDA, had argued that L&T’s disqualification was not on ‘fanciful’ grounds and that certain disclosures were restricted under the tender terms.
Solicitor General Tushar Mehta, also appearing for the authority, sought one-day adjournment, citing discussions with the executive.
This article first appeared on India Legal
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