Digitally signed by RAMESHWAR RAMESHWAR LAXMAN LAXMAN DILWALE DILWALE Date:

2025.09.26 PIL-100-2024 final 26.doc 14:36:44 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.100 OF 2024 WITH INTERIM APPLICATION NO.13336 OF 2024 Rajesh Sharma } Age 60 years, of Mumbai, Indian inhabitant } The General Secretary, of Maharashtra } Pradesh Congress Committee, } Residing at 101, C-Wing, Maruti Bhavan } Opp. Sona Udyog, Parsi, Panchayat Road, }

Andheri (East), Mumbai – 400 069 } …. Petitioner V/s

1. State of Maharashtra } Through the Secretary of the } Ministry of Power, having Office at } Mantralaya, Mumbai } 2. Union of India } Through the Secretary of Power, } having its address at Shram Shakti Bhawan, } Raif Marg, New Delhi 110001 and also at } Aaykar Bhavan, 2^nd Floor, } Maharshi Karve Road, New Mariine Lines, } Mumbai – 400020 } 3. Maharahtra State Electricity Distribution } Company Limited, having its address at } JSD, Dharamveer Nagar, Mumbai-400080 } 4. Maharahtra Electricity Regulatory } Commission, having its office at } World Trade Cetnre, Centre No.1,13^th Floor, } Cuffe Parade, Colaba, Mumbai-400005 }

….Respondents Mr. Nishant Chothani a/w Ms.Sneha Patil & Mr. Hrishikesh Joshi i/b Maniar Srivastava Associates, Advocates for the petitioner.

Mr. P.P. Kakade, Addl. GP a/w Mrs. G.R. Raghuwanshi, AGP for the respondent no.1.

Mrs. Snehaz V. Bharucha i/b Mr. A.A. Ansari Advocates for the respondent no.2.

Ms. Deepa Chawan, Senior Advocate a/w Ms. Saloni Kapadia, Mr. Karan Gandhi i/b Cyril Amarchand Mangaldas, Advocates for the respondent no.3 - MSEDCL CORAM : SHREE CHANDRASHEKHAR, CJ., &

MANJUSHA DESHPANDE, JJ.

Reserved on : 6^th AUGUST 2025.

Pronounced on : 26^th SEPTEMBER 2025.

PER, SHREE CHANDRASHEKHAR, CJ :-

The petitioner seeks to challenge the entire tendering process pursuant to NIT dated 13^th March 2024.

2. A Notice Inviting Tender (in short, “NIT”) was issued on 13^th March 2024 for power procurement for Maharashtra State Electricity Distribution Company Limited (in short, “MSEDCL”). Under the NIT, a composite bid for 1600 MW thermal power and 5000 MW solar power was to be evaluated through a competitive bidding process. Under the NIT dated 13^th March 2024, the bid submission due date was 25^th April 2024 and the technical bids were required to be evaluated on the same day one hour after the deadline for submitting the bid. On 30^th June 2024, the bidders were intimated through Addendum No.15 that they had an option to opt for composite bid for half of the published capacity, that is, a composite bid of 800 MW thermal power and 2500 MW solar power was also acceptable. In line with this clarification, Corrigendum XI was issued on 8^th July 2025 and the date and time for closure of the procurement of tender documents and the last date for submission of the bid were extended to 31^st July 2024. In this writ petition, the petitioner has made the following prayers:

“ (a) to allow this Public Interest litigation;

(b) that this Hon’ble Court be pleased to pass an order quashing and setting aside the entire the tender process to the issuance of the Tender dated 13.03.2024;

(c) that this Hon’ble Court be pleased to pass an order directing the Respondents to withdraw the Tender dated 13.03.2024;

(d) that this Hon’ble Court be pleased to pass an order restraining the Respondents from acting upon and/or implementing the Tender dated 13.03.2024;

(e) that pending the hearing and final disposal of this petition, this Hon’ble Court be pleased to pass an order restraining the Respondents from acting upon and/or implementing the Tender dated 13.03.2024 and/or any steps taken in furtherance thereof or pursuant thereto;

(f) any further relief may be granted in favour of the Petitioner in the interest of justice.”

3. The main ground of challenge laid to the NIT dated 13^th March 2024 is that the tender process contravenes section 63 of the Electricity Act and violates mandatory guidelines for long-term procurement