Dharavi redevelopment | Tender process declaring Adani successful bidder fair: Govt to HC

The court, last December, had asked STC to bring subsequent developments on record in its writ petition challenging the tender issued by SRA.

Advocate Suraj Iyer, representing Seclink, told Acting Chief Justice Sanjay V Gangapurwala and Justice Sandeep V Marne that STC was a successful bidder in January 2019 against the Adani group. However, the tender was not awarded following the decision to include Railways land in the redevelopment project. In October 2020, then Uddhav Thackerey-led Maha Vikas Aghadi government had cancelled the tender.

Senior advocate Milind Sathe, appearing for SRA, said the current Eknath Shinde government issued a new tender last year, as a fresh 45-acre plot of land was found in place of the Railways plot and Adani qualified for the bid.
Iyer said there had been no material change between earlier and current tender, as the Railways land featured in both.

The affidavit, filed through Deputy Secretary (Housing) Sunil Baburao Tumbare, said STC neither had any vested right in being awarded the tender nor it can claim it has a right to do business with the government as a matter of right. It added that STC has only challenged the tender conditions and not the tender process.

The government also denied STC’s allegations of modifications in the new tender being “illegal and malafide”, leading to question on fairness and transparency in decision-making process.

“These allegations are unsustainable and incorrect and are denied,” the government said, adding that the tender conditions were finalised considering overall circumstances of the project. Stating that tendering authority is the “best judge to formulate the bid,” the government said allegations by STC are “devoid of any merit”.

The government added that STC, which claimed that the new tender conditions did not suit it, did not make any suggestions in view of the new tender notice and “chose not to participate in the process”. “Tendering process has been fair, transparent and in the larger public interest,” the reply said.
The STC went on to file a rejoinder in response, denying the same and urged HC to grant it reliefs. The HC will hear the plea on March 14.