Will extend bid submission deadline to L&T and others for projects linking Thane with Mira Bhayander by 60 days: MMRDA to Bombay HC

Responding to the pleas by Larsen and Toubro Limited (L&T) challenging the tendering process, the MMRDA stated that during the 60-day extended period, the petitioner and other bidders may submit revised bids after carrying out geotechnical investigations or surveys on their own.

In the light of MMRDA’s statement, the L&T withdrew its petitions, which had claimed that there was undue haste in the bid deadline without providing geo-technological data, due to code of conduct for the upcoming Assembly elections in Maharashtra.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar was hearing two pleas by L&T, which claimed that the Notice Inviting Tender (NIT) of Mumbai Metropolitan Region Development Authority (MMRDA) did not contain the geotechnical data for the bridge and the bidders were burdened to collect the said data in short period.

The firm said that collecting such data on its own would require at least 30-60 days. It argued that the condition for submission of the bid by October 7 with such a data was ex facie arbitrary.

In the pre-lunch session on Monday, senior advocates Abhishek Manu Singhvi and Zal Andhyarujina for L&T argued that the deferment of the tendering process for the bridge to enable the bidders to carry out geotechnical investigation will help the public interest and there will be no adverse impact due to the same.

“The NIT is bereft of technical information. It is a matter of great public safety, which cannot be endangered because someone in a pedantic and sterile manner wants to stick to schedule, What if this tender is done a few weeks later? There will be more technical data and it enhances competition and allows firms to bid based on proper information,” Singhvi submitted, seeking postponement of the bid.

Senior advocate Janak Dwarkadas, representing L&T in another petition challenging the tender process pertaining to the bid for the tunnel, pointed out that the authority had initially communicated to bidders of providing the data. However, later it burdened the bidders to collect the said data through an amendment, merely two days before the deadline to submit the tender on October 3, which was later extended to October 7.

Chief Justice Upadhyaya remarked, “In a project such as this, condition of soil, bore, location of bore holes are very important background information, based on which the tenderer would bid. Unless and until you provide this information, could the bidder undertake the project? It appears that you could not perhaps conduct the geotechnical probe. What was the hurry to put it on bidders to complete it within a short time?”

Dwarkadas responded, “It is the code of conduct that was bothering the authority, causing undue haste.”

The bench also said that there was no rationale in the authority’s decision to withdraw the clause for the provision data and it deprived the bidders from the same.

In a post-lunch session, after Advocate General Birendra Saraf on instructions from the authority made a statement to extend the bid submission period by 60 days, the L&T sought to withdraw the pleas, which the bench allowed.