JUDGMENT

SUBRAMONIUM PRASAD, J.

1. The instant Writ Petition has been filed challenging Condition No. 4.3.1.4 (“Impugned Condition”) in NIT/Global E-Tender with Tender ID 2022_AAI_115244 (“Impugned Tender”), for supply of 42 Aircraft Rescue & Firefighting Vehicles (“ARFVs”) / Airfield Crash Fire Tenders (“ACFTs”) floated by the Airports Authority of India (“Respondent No. 1” or “AAI”) and the decision dated 13.06.2022 of Respondent No. 1 in respect of the Impugned Condition, as being arbitrary, capricious and contrary to law including the judgments/directions of the Hon’ble Supreme Court of India. The Petitioner herein is a company incorporated under the laws of Austria and is a manufacturer and exporter of firefighting vehicles and equipment for fire and emergency services including ACFTs and ARFVs.

2. Shorn of details, the facts leading to the filing of the instant Writ Petition are as follows:

a. The AAI on 10.01.2020 floated a tender for supply of 33 ACFTs of 10,000 litres capacity, however the same was cancelled on 19.07.2020 due to poor response as there was only one bidder.

b. A subsequent tender dated 19.01.2021 was issued for the same quantity of ACFTs in which the engine emission norm specified was BS-VI or Euro-VI and in case of non-road engines it was equivalent to or below BS-VI or Euro-VI levels. This was amended on the basis of a representation made by the Petitioner herein to reflect that the engine emission norms be changed to BS-VI/Euro-VI.

c. Subsequently on 25.10.2021, it was proposed that this tender also be cancelled as the qualification criteria with regards to engine emission norms was too restrictive and only one technically qualified bidder remained in the race. The cancellation of this tender was approved on 29.11.2021 by the competent authority of Respondent No. 1.

d. The Petitioner herein challenged the cancellation of the Tender dated 19.01.2021 before this Court by way of W.P.(C)

14608/2021.

e. This Court dismissed the aforesaid challenge vide judgment dated 20.04.2022 holding that ACFTs belong to a category of special vehicles to be used in enclosed premises and the stipulation that ACFTs must comply with BS-VI engine emission norms is not a sine qua non condition. The Court held that the AAI was justified in the cancellation of the tender and its decision was not irrational, mala fide, biased, illegal, unreasonable or arbitrary but is based upon reasoning and application of mind. The Court also held that the final decision to accept or reject the bid of the sole bidder rests with the AAI.

f. The aforesaid judgment was challenged by the Petitioner herein by way of an SLP before the Hon’ble Supreme Court, wherein the Apex Court vide order dated 17.06.2022 refused to interfere with the judgment dated 20.04.2022 and disposed of the SLP.

g. The AAI on 09.05.2022 floated the Impugned Tender for a supply of 42 ARFVs/ACFTs of 6000 liters water tank capacity with 08 years of Comprehensive Annual Maintenance Contract after 02 years of Guarantee/Warranty for use at various airports in India. One of the tender conditions pertained to emission levels to be complied with by ARFFs/ACFTs.The Impugned Condition is reproduced herein for the sake of convenience:

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