The Supreme Court on Monday expressed surprise at the Mumbai Metropolitan Region Development Authority (MMRDA) deeming Larsen & Toubro (L&T) technically non-responsive for the Thane twin tunnel and elevated road project, despite the firm’s impressive track record in executing large-scale public infrastructure.
A bench headed by Chief Justice of India Bhushan Gavai, with Justice A G Masih, questioned how L&T — the builder of landmark projects including the Central Vista and Atal Setu — could be disqualified. The bench asked Solicitor General Tushar Mehta and senior advocate Mukul Rohatgi, representing MMRDA, to seek instructions on whether the authority would consider re-tendering the ₹14,000 crore project.
While no orders were issued on Monday, the apex court granted MMRDA time until Thursday to respond. It warned that interim directions may be issued if the authority fails to provide a satisfactory course of action.
The controversy centres on MMRDA disqualifying L&T and two other bidders out of five, claiming it was under no obligation to inform them of the technical bid results during the process. L&T argued that state PWD guidelines mandate disclosure, a position reinforced by senior counsel Janak Dwarkadas and AM Singhvi, who also alleged violations of Central Vigilance Commission (CVC) guidelines on transparency.
The Bombay High Court’s vacation bench had earlier declined to stay the opening of financial bids but directed MMRDA to keep them sealed for two weeks to allow L&T to appeal. The HC acknowledged concerns over the tender’s opacity and potential arbitrariness, though it criticised L&T for not challenging the terms earlier.
Now, the Supreme Court will determine the next steps on Thursday, depending on MMRDA’s response and willingness to revisit the tender process.
Source: TOI
