The Bombay High Court on Monday dismissed a petition of a construction company challenging the validity of granting a tender to Tata Projects for the redevelopment of BDD Chawls at N M Joshi Marg, Naigaon and Worli.
The petition was filed by ACC India Pvt Ltd, a construction company, challenging the “illegal, wrongful, arbitrary and malafide and ultra vires” action of state government and the Maharashtra Housing and Area Development Authority (MHADA) in selecting the consortium of Tata Projects Limited, despite proof that it do not fulfil the eligibility criteria of having technical capacity and experience as prescribed in the tender.
A division bench of Justice R M Borde and Justice V M Deshpande dismissed the petition. The petition alleged that the state government and MHADA floated the tender for the purpose of selecting a contractor. It said that all bidders had submitted bids online. A summary of MHADA on February 14 said the three bidders — Capacit’e Infraproject Limited, Tata Projects Limited and Citic Construction Company Limited, including ACC India Pvt Ltd – meet the eligibility criteria of technical qualification and experience. The criteria required the bidders to have completed at least one building, of height not less than 175 m, and constructed at least three structures, minimum 70 m tall.
The petition alleged that when the financial bids were opened, the bids of Capacit’e Infraproject Limited, Tata Projects Limited and Citic Construction Company Limited were found to be the lowest and they were selected for the project. The petition added that in June, they had sought documents, under the Right to Information Act, from the state government and the MHADA for details on the criteria based on which the bidders were selected.