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RAMESH SINHA, BIBHU DATTA GURU
Santosh Tiwari, S/o. Shri Chandrabhushan Tiwari – Appellant
Versus
Union of India Through Its Principal Secretary, Ministry of Civil Aviation – Respondent
JUDGMENT :
Ramesh Sinha, C.J.
1. By this petition, the petitioner has prayed for the following relief(s) :
10.2 Issue writ of Mandamus, appropriate writ, writ order against the respondents and thereby direct them to provide extension of the license period in the license agreement dated 28/11/2019 for Concession to supply, install, test, commission, and operate automated parking management system, collection of parking fees and access fees; and lane management at Swami Vivekananda Airport, Raipur, under Concessionaire Support Scheme, which is at Annexure-P2, in the interest of justice.
10.3 During the pendency of the present petition grant stay to the process of impugned E-Tender ID No. 2024_AAI_208987_1, September 2024, Notice In
The court upheld the discretion of the Airport Authority in tender processes, emphasizing the need for restraint in judicial review of contractual matters, particularly during the COVID-19 pandemic.
The discretion of public authorities in contract renewals must align with contractual terms and not amount to arbitrary action, ensuring transparency and fairness in public procurement.
A concession period extension under a contract requires compliance with specific procedural conditions, and is not automatic despite recommendations from an independent engineer.
The highest bidder in a tender process does not have a vested right to award, as cancellation must align with commercial prudence and is permissible under administrative discretion.
The court established that the COVID-19 pandemic qualifies as a force majeure event, warranting an extension of contractual obligations, and underscored the necessity of arbitration in resolving disp....
Lenders cannot independently seek extension of concession period under Concession Agreement, their rights do not confer standing in this matter according to the agreements in place.
The main legal point established in the judgment is the limited scope of judicial review in tender/contractual matters, emphasizing that courts cannot rewrite contracts and that the remedy for contra....
Tender Process - Extension of period of Contract - Placed on successful bidders may be extended/repeated at sole discretion of Corporation for a further period of up to 12 months including increasing....
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