The Supreme Court of India has deferred the hearing of a special leave petition filed by infrastructure major Larsen & Toubro (L&T) against the Mumbai Metropolitan Region Development Authority (MMRDA).
The petition challenges MMRDA’s decision to disqualify L&T’s technical bid for the ₹14,000-crore Thane twin-tunnel and elevated road project. The Court’s decision to defer the hearing follows a request from MMRDA, which is deliberating internally about the bidding process. Chief Justice Bhushan Gavai and Justice A.G. Masih expressed concern about the use of public funds and the importance of ensuring high safety standards in infrastructure projects. They referred to the 2023 collapse of an under-construction tunnel in Uttarakhand, where 41 persons were trapped for over two weeks, highlighting the need for stringent safety protocols.
MMRDA’s senior counsel, Mukul Rohatgi, and Solicitor General Tushar Mehta argued that L&T’s technical bid was deemed non-responsive, justifying its exclusion from the final financial bidding stage. They emphasized that the public body executing the project has substantial grounds to hold L&T’s technical bids to be non-responsive. L&T approached the Supreme Court after the Bombay High Court vacation bench dismissed its plea to halt the opening of financial bids. L&T alleged that MMRDA flouted Public Works Department (PWD) and Central Vigilance Commission (CVC) guidelines by not intimating it of the results of the preceding technical round.
The Thane twin-tunnel and elevated road project is a significant infrastructure initiative aimed at reducing travel time between Thane and Borivali from approximately 90 minutes to 15-20 minutes. The project involves the construction of an 11.84 km long twin-tube tunnel beneath the Sanjay Gandhi National Park and a six-lane elevated road. The project is expected to alleviate traffic congestion and contribute to the economic development of the region. The Supreme Court’s intervention underscores the importance of transparency and adherence to established guidelines in the tendering process for major infrastructure projects. The Court’s decision to defer the hearing provides an opportunity for MMRDA to reconsider its position and ensure that the bidding process is conducted in a fair and transparent manner.
As the legal proceedings continue, stakeholders in the Thane twin-tunnel project await clarity on the future direction of one of India’s largest infrastructure initiatives.
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