O.P. Mehta Vs Mohinder Kalta & Ors. (Supreme Court of India)
Tender Dispute Cannot Be Camouflaged as PIL: Supreme Court Restores Road Contract Subject to Three-Month Completion Deadline
Supreme Court Questions Use of PIL to Challenge Award of Government Tender
The Supreme Court, in O.P. Mehta v. Mohinder Kalta & Ors., 2026 INSC 1037, expressed serious reservations about entertaining a Public Interest Litigation where the controversy essentially concerned the comparative eligibility of competing tenderers.
The Court observed that disputes relating to the technical qualifications, experience and eligibility of bidders ordinarily involve their individual commercial interests. Such disputes cannot acquire the character of public interest merely because the contract has been awarded by a government authority.
The Bench comprising Justice Dipankar Datta and Justice Sheel Nagu accordingly interfered with the Himachal Pradesh High Court’s decision quashing the road-work contract awarded to the appellant. However, instead of finally disposing of the proceedings, the Supreme Court granted the contractor three months to complete the work and directed the matter to be listed again for submission of a compliance report.
High Court Had Quashed the Road-Work Contract
The dispute concerned the upgradation of the Matiana-Mahori-Chhaila road under a Pradhan Mantri Gram Sadak Yojana package. The value of the work was approximately Rs.23 crore.
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