Mumbai, May 17: Observing that the Bandra-Worli Sea Link is a “pivotal infrastructural milestone” for Mumbai and that the project was entirely in public interest, the Bombay High Court on Friday refused to halt a fresh tender process for toll collection at the sea link.
Court declines interim relief
The court noted that the petitioner, Sahakar Global Ltd, was free to participate in the new tender process and held that no prejudice would be caused to it at this stage.
A vacation bench of Justices Advait Sethna and Sandesh Patil was hearing a petition filed by Sahakar Global Ltd challenging the cancellation of an earlier tender floated for appointing a toll operator for collection of user fees at the Rajiv Gandhi Sea Link toll plaza.
The petitioner sought an ad-interim stay on the cancellation corrigendum dated April 29, 2026, and an email communication issued the same day informing it about the cancellation of the tender.
It also sought a stay on the fresh tender process initiated thereafter.
Petitioner alleges arbitrary cancellation
Senior advocate Soli Cooper, appearing for the petitioner, argued that the cancellation order was arbitrary and non-speaking as it cited only “administrative reasons” without providing any explanation.
He further alleged mala fides, claiming that the authorities intended to favour another entity and deny the contract to the petitioner.
Maharashtra State Road Development Corporation (MSRDC) counsel, senior advocate Venkatesh Dhond, submitted that Sahakar Global had participated in negotiations after being declared the highest bidder (H1).
He pointed out that the petitioner had accepted revised contract terms through a letter dated February 20, 2026.
Dhond argued that such negotiations were permitted under the tender terms, which allow MSRDC Sea Link Ltd (MSLL) to negotiate with the highest bidder and, if the bid is not finalised, either negotiate with the H2 bidder or cancel the entire process without assigning reasons.
Fresh tender subject to final outcome
The court noted that the petitioner’s participation in the negotiations was undisputed.
Referring to Clauses 23 and 27 of the tender terms, the bench observed that MSLL had reserved the right to reject bids or suspend the tender process before awarding the contract.
“In our prima facie view, the impugned order appears to have been passed in accordance with the clauses of the tender terms,” the bench observed while refusing to grant ad-interim relief.
The court, however, clarified that the fresh tender process floated on April 29, 2026, would remain subject to the outcome of the petition.
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It also directed the respondents to inform participants in the fresh tender about the pendency of the case. The HC has asked respondents to file their reply affidavit by June 8.
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