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".