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2018 Supreme(Jhk) 1204

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Aviaxpert Private Limited - Petitioner
Vs.
Airports Authority of India & Ors. - Respondents
W.P.(C) Nos. 6084 & 2024 of 2017
Decided On : 20-11-2018

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Indrajit Sinha, Mr. Vipul Poddar, Mr. Sumeet Gadodia
For the AAI : Mr. S.K. Verma
For the Respondent: Mr. Ashok Kumar Yadav

Headnote:Government Contract-Tender-Regulation 3(iii) of Regulation 2007 framed under Section 42 of Airports Authority of India Act, 1994-Prayer for cancellation of licence for providing Push Back Services at Birsa Munda Airport, Ranchi-Petitioner was not eligible for being awarded work of ground handling services in view of provisions of Regulation, 2007, no prejudice has caused to petitioner due to non-providing of opportunity of hearing to it-Self-handling as mentioned in Regulation 3(2) of Regulation, 2007 is permitted to be done through whole time employees of airlines and not by other agencies which are not authorized by AAI in accordance with provisions of Regulation, 2007-Writ petitions dismissed. (Paras 15, 16, 17 and 29)

JUDGMENT :

W.P.(C) No. 2024 of 2017 has been filed for quashing the letter dated 07.04.2017 whereby the Respondent No. 1 has cancelled the ‘No Objection Certificate’ (NOC) dated 27.01.2017 granted to the petitioner.

2. W.P.(C) No. 6084 of 2017 has been filed for cancellation of the licence no. AAI/RC/CML/PB/N-35 dated 13.02.2017 issued by the respondent no. 1 in favour of the respondent no. 2 for providing Push Back Services at Birsa Munda Airport, Ranchi (in short “Ranchi Airport”). Further prayer has been made for issuance of direction upon the respondent no. 1 to float fresh tender for the said work and to take steps for getting the irregularities being committed at Ranchi Airport regarding ground handling services investigated by the CBI.

3. The factual matrix of the cases as stated in the writ petitions is that the petitioner was awarded the contract by the Airports Authority of India (AAI), Ranchi for providing push back services at Ranchi Airport on 01.12.2014 for a period of two years. Accordingly, the petitioner was also provided Ramp Space of 60.48 Sq. meters and Ramp Office of 15.82 sq. meters by the AAI, Ranchi inside the Ranchi Airport for equipment storage and back office requirement. After expiry of the said period, a new tender was floated and Ex-Armymen’s Welfare & Services Pvt. Ltd. (respondent no. 2 of W.P.(C) no. 6084 of 2017) was awarded the said contract on 13.02.2017. However at the instance of the AAI, Ranchi, the petitioner continued to provide the push back services till 08.03.2017. In the meantime, Air Asia (India) Limited (a scheduled operator) (in short Air Asia) issued a letter of intent to the petitioner on 19.12.2016 for providing comprehensive ground handling services to it at Ranchi Airport. It accordingly applied before the AAI, Ranchi on 19.12.2016 seeking requisite permission. The Air Asia also wrote letter to the AAI, Ranchi who finally granted NOC to the petitioner on 27.01.2017 for providing comprehensive ground handling services to Air Asia at Ranchi Airport subject to payment of royalty on the gross turnover (GTO) basis, giving security deposit and also taking full responsibility for providing such services as well as entering into an agreement with AAI, Ranchi in this regard. Thereafter, the petitioner recruited its staff, purchased the necessary equipment for executing the said work and issued conformity letter to the AAI, Ranchi stating that it would share the GTO (royalty) amount as per NOC dated 27.01.2017. The petitioner also preferred an application before the AAI, Ranchi for providing additional space at Ranchi Airport in order to store and manage the additional equipments and signed the ground handling agreement with Air Asia. The petitioner also requested the AAI, Ranchi to provide additional Ramp space of 125 sq. meters (in addition to space of 60.48 sq. mtrs. already available for push back services and existing ground handling services) to store and manage additional equipments. However on 09.03.2017, an e-mail was sent to the petitioner intimating that the permission for entry of ground support equipments inside the Ranchi Airport was wrongly granted to the petitioner on 09.02.2017 and was directed that such equipments should be removed from the operational area of Ranchi Airport and the compliance report in this regard should be submitted within 3 hours on the same day. The petitioner thereafter wrote letter to the Airport Director, AAI, Ranchi reiterating its earlier request for allotment of additional space. However, the Airport Director AAI, Ranchi sent repeated message to the petitioner directing it to remove the equipments from Ranchi Airport and finally on 11.03.2017, the petitioner was compelled to remove the said equipments and to place it outside the airport. On 22.03.2017, Air Asia made a fresh request to the Airport Director, AAI, Ranchi for providing Ramp space of 200 sq. meters to be used by the petitioner for providing comprehensive ground handling services at














































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