The Bombay High Court recently dismissed a lawsuit challenging the qualifying requirements for the modernization of the jetty at the Gateway of India, allowing the project to move forward. One key aspect of the project was the installation of a pontoon at the jetty to enhance maritime activities’ sustainability, efficiency, and safety. The qualifying requirements for bidders included a minimum of ten years of pontoon installation and operating expertise, as well as previous experience with HDPE pontoon projects made of high-density polyethylene.
Marinetek India Services Private Ltd, a petitioner involved in pontoon manufacturing and installation, contested the eligibility requirements, claiming they favored another bidder with HDPE pontoon experience. They suggested allowing consortiums to participate, reducing the expertise requirement to three years, and removing the HDPE pontoon specification from the criteria. However, the Ministry of Ports, Shipping and Waterways defended the requirements, stating they were crucial for selecting a qualified contractor for the project’s demanding conditions and site-specific challenges.
The court, presided over by Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar, sided with the defendant’s explanation and deemed the criteria reasonable and necessary. The court stressed that the tendering authority is best positioned to determine the project’s technical requirements and qualifications. Ultimately, the court upheld the eligibility criteria, emphasizing the importance of selecting a competent and reliable contractor for a project of such scale and complexity. This decision paves the way for the modernization of the jetty at the Gateway of India to proceed as planned.
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