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R. D. DHANUKA, GAURI GODSE
Larsen & Tubro Limited – Appellant
Versus
Mumbai Metropolitan Region Development Authority (MMRDA) – Respondent
JUDGMENT :
1. Rule. Dr. Sathe, learned senior counsel waives service for Respondent - MMRDA in both the matters. By consent of the parties, both the Petitions were heard together and are being disposed of by a common order.
2. Petitioners in Writ Petition (L) No. 12023 of 2023 have prayed for Writ of Mandamus against the Respondents to declare the Petitioner as the lowest bidder or L-1 bidder in the tender for the project i.e. Package – 2.
3. In so far as Writ Petition (L) No. 12017 of 2023 is concerned, the Petitioner has prayed for Writ of Certiorari for quashing and setting aside the rejection of the Petitioner’s technical bid submitted to Respondent No. 1 in respect of proposal for Package 1. In the alternative, Petitioner has prayed for Writ of Mandamus against the Respondents to withdraw email dated 25th April, 2023 communicating rejection of Petitioner’s technical bid submitted on 6th April 2023. Petitioner has also prayed for a Writ of Mandamus against the Respondent to treat the technical bid submitted by the Petitioner on 6th April 2023 as eligible and open and consider Petitioner’s financial bid submitted on 6th April 2023 in response to said tender.
FACTS IN WRIT PETITION (
The interpretation of tender conditions by the respondents is binding, and the petitioner's acceptance of the terms and conditions with full knowledge precludes subsequent challenges.
Judicial review in tender matters is limited to assessing procedural fairness, not the merits of the tender conditions, which are determined by the tendering authority.
The court upheld the tendering authority's discretion in setting eligibility criteria, emphasizing limited judicial review focused on procedural fairness rather than the merits of the decision.
The person claiming justice and equity must come with clean hands.
Judicial restraint is paramount in administrative contract disputes, with equal opportunity granted to bidders for document rectification to avoid discrimination.
The decision-making process of the tendering authority should be respected unless there is mala fide or perversity, and the court should only interfere in tender matters in furtherance of public inte....
The court emphasized the importance of fair and transparent decision-making in tender evaluations, asserting judicial review is warranted when actions of administrative bodies exhibit arbitrariness b....
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
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