The Supreme Court on Thursday raised serious concerns over the lack of transparency in a ₹6,000-crore infrastructure project in Maharashtra, questioning the disqualification of infrastructure giant Larsen & Toubro (L&T) from the bidding process without any official intimation.
A bench comprising Chief Justice BR Gavai and Justice Augustine George Masih was hearing an appeal filed by L&T, challenging the Bombay High Court’s dismissal of its plea related to two major projects — the Thane-Ghodbunder to Bhayandar tunnel and the elevated road project commissioned by the Mumbai Metropolitan Region Development Authority (MMRDA).
“₹3,100 crore is not a small amount. It’s public money. The question is, a person who is building Central Vista...” remarked the bench, referencing L&T’s role in the high-profile Central Vista redevelopment in New Delhi. The court, however, clarified it had not yet evaluated the case on its merits.
L&T contended that it had submitted technical and financial bids on December 30, 2024, but was never informed of its disqualification. The company only learned of the disqualification during Bombay High Court proceedings, sparking allegations of non-disclosure and procedural opacity.
Appearing for the State of Maharashtra and MMRDA, Solicitor General Tushar Mehta and senior advocate Mukul Rohatgi defended the move, asserting that the disqualification was based on substantial and justified grounds.
“Disqualification is not on flimsy or fanciful grounds. There are essential grounds — and the reports,” said SG Mehta. Rohatgi added, “The tender says we cannot disclose [the bid status].”
But the bench seemed unconvinced by these explanations, emphasizing the judiciary's growing insistence on transparency in public contracts.
“This is an era of transparency,” the court reiterated, while hinting that the legal framework allowing such non-disclosure may eventually require a review by a larger bench.
Earlier, the Bombay High Court had also refused to stay the opening of financial bids, observing the “significant public importance” of the projects. However, it had directed that price bids for the elevated road be preserved in a sealed cover for one week after contract awarding — a protection not extended to the tunnel project.
