W.P.(C.) No. 2986/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 08.02.2022

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W.P.(C) 2986/2021 and C.M. No.9039/2021

BRIGHT SHINE SERVICES

.....Petitioner

Through:

Mr. Umakant Mishra, Mr.Sibo

Sanker Mishra, Mr.Niranjan

Sahu, Advocates.

versus

UNION OF INDIA & ORS

..... Respondents

Through:

Mr.

Sonal

Kumar

Singh,

Mr.Anshuman

Gupta,

Mr.Vignesh Raj, Ms. Aditi

Mane,

Advocates

for

respondents No.2 to 4.

Mr. Siddhant Buxy, Advocate

for respondents No.5 & 6.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

HON'BLE MR. JUSTICE JASMEET SINGH

JASMEET SINGH, J.(ORAL)

1.

The Petition has been filed for the following substantial prayers:

“

a)

and/or;

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b)

Agreement and/or

c)

Petitioner being H2 and/or

d)

Airports..........‖

2.

The facts of the present petition in a nutshell are:

3.

The Petitioner that is Bright Shine Services is a Partnership Firm with

two partners and has been engaged in the business of providing different

Ground based services at different airports for many years.

4.

The Respondents 1 is the Union of India and is being sued through the

Secretary, Ministry of Civil Aviation. Respondent no 2 is Airport Authority

of India which is regulating and managing the aviation sector of the country

including all the airports established in India. Respondent nos. 3 & 4 are

officers of Respondent no. 2, AAI. Respondent no 5 & 6 are Livewel Group

Companies and affiliates/associates of each other and are also engaged in the

aviation sector providing different services like ground handling, aircraft

cleaning etc. for last many years at different airports.

5.

Ministry of Civil Aviation (“MoCA”) notified the Ministry of Civil

Aviation (Ground Handling Services) Regulations, 2017 applicable to all

Civil Airports and Civil Enclaves in the country. Thereafter MoCA notified

the Ministry of Civil Aviation (Ground Handling Services) Regulation, 2018

on 26.10.2018 which stipulated that besides the GHAs (Ground Handling

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Agency) of the Airport Operator or its JV or 100% subsidiary and Air India

JV or 100% subsidiary, any other GHA will be appointed by the Airport

Operator through a transparent bidding process.

6.

The Respondent AAI, vide Tender Id_2020_AAI_46811_1 published

Request for qualification (RFQ)/ tenders for Concession for ground handling

services at AAI owned Group C Airports, on 15.04.2020. All airports in the

country are classified in four groups i.e. A, B, C and D on the basis of

revenue earned and the number of flights operating therefrom. Metro

Airports are designated as Group A; airports at State capitals are Group B;

airports at other important cities of the States are Group C, and rest of other

regional and budget airports are designated as Group D airports, which

generally cater to domestic, regional and non-scheduled flights involving

smaller General Aviation Aircrafts.

7.

Vide clause 2.2.1(g) of the impugned Tender/RFP, one of the

essential conditions stipulated that if the bidder or its member/affiliated is an

existing or past concessionaire or licensees of AAI intending to participate

in the RFP, then the bidder or its member/affiliated should have „Nil‟

outstanding dues for the period upto 31.12.2019 in respect of all the units of

AAI

where

the participating

tenderer

is operating/had operated

concessions/licenses as on the bid submission date. The stipulation of no

outstanding dues to AAI also covered those firms/companies (other than the

participating tenderer), where one of the directors/partners/proprietor is a

director/partner or proprietor of the participating tenderer. The Bidders were

required to submit No Dues Certificate (NDC) as prescribed in Appendix 9A

& 9B of RFQ,