IMPORTANT POINT
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.

JUDGMENT :

Ramesh Sinha, C.J.

1. By this petition, the petitioner has prayed for the following relief(s) :

“10.1 Issue writ of mandamus, appropriate Writ, Writ Order against the respondents and thereby cancel/quash and set aside the impugned E-Tender ID No. 2024_AAI_208987_1, September 2024, Notice Inviting Short Term E-Tender (NIET) for Operating Automated Vehicle Parking Management, System, Collection of Parking fees and Excess Time Fees Rights at Swami Vivekanand Airport, Raipur floated by the respondent No.6, which is at Annexure-P44, in the interest of justice.

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 Inviting Short Term E-Tender (NIET) for Operating Automated Vehicle Parking Management, System, Collection of Parking fees and Excess Time Fees Rights at Swami Vivekanand Airport, Raipur floated by the respondent No.6, which is at Annexure-P44, in the interest of justice.

10.4 Any other relief deem fit, under the facts and circumstances of the case may be also granted to the petitioner in the interest of justice.”

2. The facts, in brief, as projected by the petitioner are that he is the Proprietor M/s. Anjaney Enterprises. The main business of the proprietary concern M/s Anjaney Enterprises is to take parking spaces on lease or licence of various Airports in India. Respondent No.5 had published Notice Inviting E-Limited-Tender (for short, NIELT) for Concession to Supply, Install, Test, Commission & Operate Automated Parking Management System; Collection of Parking Fees and Access Fees Rights; and Lane Management at Swamy Vivekanand Airport, Raipur on 08/06/2019 vide E-bid No.: 2019_AAI_27114. The tender processing fee was Rs.25,000/- (non-refundable), earnest money deposit was Rs.3,10,000/- and minimum reserved licence fees was Rs.4,50,000/- per month was prescribed in the aforesaid E-Tender.

3. The petitioner applied for the aforesaid tender and submitted the bid on 29/06/2019. After opening of the bids, the petitioner's bid was accepted by the respondent No.5 & 6 and accordingly, the respondent No.6 issued award letter dated 13/08/2019 to the petitioner. By virtue of the said licence agreement dated 13/08/2019, the respondent No. 5 awarded the License for the said work at Swamy Vivekanand Airport, Raipur on monthly license fee of Rs.6,57,777/- per month plus taxes and charges with annual escalation as per Appendix 2A. The license period was for five years from the date of commencement of operation or expiry of gestation period, whichever is earlier. The petitioner had to pay advance license fee with GST i.e. Rs. 6,57,777/- plus GST at the rate 18% Rs. 1,18,400/-= Rs. 7,76,177/-. The petitioner was also required to pay security deposit in the mode of 6 months of concession fee of fifth year i.e. Rs.57,78,308/-. The security deposit was payable in the mode of 3 months, concession fee of Rs. 28,89,154/ in the form of Bank Guarantee from any Scheduled Commercial Bank and 3 months equivalent Concession Fee of Rs.28,89,154/- in the form of Demand Draft/ NEFT/ RTGS in favour of Airport Authority of India, payable at Raipur to be deposited within 15 days from the date of award letter. The petitioner was further required to pay security deposit of electricity of Rs. 33,000/- in the form of Demand Draft / NEFT / RTGS in favour of Airport Authority of India payable at Raipur within 15 days from the date of award letter. In compliance to the letter dated 13/08/2019