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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, SANDEEP V.MARNE
Veer Infra through their sole proprietor Mr. Gaurav Jain – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
JUDGMENT :
Sandeep V. Marne, J.
1) These two Petitions are filed challenging the tender process initiated by Respondent-Municipal Corporation for collection and transportation of Municipal Solid Waste in its Wards. Petitioners have challenged the tender conditions, particularly Corrigendum-III dated 1 July 2025 and have sought direction for issuance of fresh tender notice by prescribing the eligibility criteria as stipulated in the earlier tender floated for the years 2018-2025.
2) Brief facts of the case, leading to filing of the Petitions are that :-
Petitioners are engaged in the business of collection and transportation of solid waste. Petitioner in Writ Petition (L) No.21228 of 2025 is a proprietary firm engaged in the business of collection and transportation of solid waste and is undertaking various projects with the Municipal Corporation of Greater Mumbai (MCGM), last project being in the years 2018-2025. Petitioner in Writ Petition (L) No.21353 of 2025 is a Joint Venture of M/s. Enamdar Transport Co., M/s. Siddiqui Transport Co. and M/s. Silky Enterprises. The JV claims to have undertaken and completed the work of solid waste disposal for MCGM during the year 2007-2012 and 201
Judicial review in tender matters emphasizes restraint unless actions are proven arbitrary or discriminatory; author of the tender is best placed to determine its requirements.
Judicial review of tender conditions is limited to preventing arbitrariness; authorities have discretion in setting conditions based on project requirements.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The main legal point established in the judgment is the limitation of judicial review in tender matters, the need for commercial prudence in evaluating tenders, and the importance of fairness and non....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
The Court upheld the Corporation's authority to impose pre-qualification criteria and found that it did not amount to blacklisting the petitioner.
The formulation of tender conditions falls within the administrative domain of the authority, and judicial review is limited to preventing arbitrariness or favoritism. The courts cannot interfere wit....
Tender conditions must ensure fairness and quality in public procurement, and courts should exercise restraint in reviewing administrative decisions unless clear arbitrariness is shown.
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