1 2025:CGHC:28568-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3020 of 2025 S S Multi Services Proprietor Surendra Kumar Shukla S/o Parmanand Shukla, Age 46 Years Registered Office No. 710 Zion Building, Plot No. 273, Sector - 10, Kharghar, Navi Mumbai - 410210. Through Authorised Representative, Mr. Rakesh Kumar Yadav, S/o Sharda Prasad Age 35 Years, R/o 113, Mandar, Post Virapur, Handiya, Allahabad (Prayagraj) U.P. ... Petitioner(s) versus 1 - Union Of India Through Its Principal Secretary, Ministry Of Civil Aviation, Having Its Office At Rajiv Gandhi Bhawan Block B, Jorbagh Safdarjung Airport Area, New Delhi - 110003. 2 - Airport Authority Of India Through Its Chairman, Having Its Corporate Office At Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi - 110003. 3 - The Executive Director (Commercial) Airport Authority Of India, Rajiv Gandhi Bhavan, Safdarjang Airport New Delhi - 110003. 4 - The Airport Director Airport Authority Of India, Swami Vivekanand Airport, Raipur - 492015. 5 - Santosh Tiwari S/o Shri Chandrabhushan Tiwari Aged About 45 Years Occupation - Business, Proprietor Of M/s Anjaney Enterprises, Having Its Office At 142, Banerjee Layout, Bhagwan Nagar, Nagpur, Maharashtra 440027. ---- Respondents (Cause-title taken from Case Information System) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.06.27 18:25:37 +0530 2 For Petitioner : Mr. Kishore Bhaduri, Senior Advocate assisted by Mr. Aman Pandey, Advocate For Respondents/UOI : Ms. Anmol Sharma, C.G.C. For Respondent Nos.2 to 4 : Mr. Aman Saxena, Advocate. For Respondent No.5. : Mr. Vivek Ranjan Pandey, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 27 .06.2025 1. The present petition has been filed by the petitioner with the following prayers:- “10.1. Call for the entire records concerning the case of the petitioner from the respondents for its kind perusal. 10.2. Issue a writ/order/direction directing the Respondent Authorities to revoke the LoA issued in favour of the Private Respondent in relation to E-Tender ID No. 2024_ΑΑΙ_ 214094_1; 10.3. Issue a writ/order/direction directing the Respondent Authorities to consider the case of the Petitioner for issuance of LoA considering its unequivocal consent for matching the price of H1 bidder in the tender process or proceed with fresh tender. 10.4. Any other relief/reliefs which this Hon'ble Court may think fit and proper in the facts and circumstances of the case.” 2. The present petition is being preferred by the Petitioner against the arbitrary action of the Respondent AAl by firstly not restricting the Private Respondent from deducting 3 amount directly from fast tag during the continuance of agreement with the Petitioner and by not revoking the Letter of Award issued to the Private Respondent in relation to tender bearing E-Tender ID No. 2024_AAI_214094_1 despite clear violation of clause 9(iii) which mandates completion of installation within a period of 105 days which can further be extended for a period of 15 days. The Private Respondent No.5 was granted contract for Concession to Supply, Install, Test, Commission and Operate Automated Parking Management System; collection of parking fees and access fees rights and lane management at Swamy Vivekanand Airport, Raipur for a period from 28.10.2019 to 27.10.2024 and the agreement had an extention clause in the same. It is submitted that due to unsatisfactory performance of the Private Respondent, the Respondent AAl refused to extend the contract and floated E-Tender ID No. 2024 _AA1_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 wherein the Petitioner was declared a successful bidder and is working under the extensions issued by the Respondent AAI. The Respondent AAI floated another tender award of Concession to Supply, Install, Test, Commission (SITC) and Operate Automated Vehicle Parking Management System; Collection of Parking Fees and 4 Excess Time Fees Rights at Swami Vivekananda Airport published on 11.11.2024 bearing E-Tender ID No. 2024 AAI 214094 1 wherein the Petitioner and the Private Respondent has participated and the Private Respondent being H1 bidder, LoA was issued in its favour. Since, the Private Respondent has failed to complete the installations, the contract awarded to the Petitioner was extended by the Respondent AAI and the last extension was granted on 27.05.2025 for a period of 1 month of till the installation is completed by the Private Respondent. It is submitted that during the subsistence of the agreement with the Petitioner the Private Respondent started illegally deducting money from fast tag of vehicles therefore, the Petitioner made a complaint to the Respondent Authority which is also no considered by the Authority. As per clause 9(iii) of the Tender Document in case of failure of the Private Respondent to complete installation by the end of 105+15 days, the only option left with the Authority is to revoke the Letter of Award and proceed with blacklisting of the entity. However, to the surprise of the Petitioner, even after expiry of the aforesaid period, the LoA of the Private Respondent is not revoked. Hence, this petition. 3. Learned Senior counsel appearing for the petitioner would submit that Learned counsel for the Airport Authority of India (AAI) has made a statement at bar that the respondent No.5 was declared H1 bidder and he could not start the work in 5 time as per the agreement executed between the AAI and the respondent No.5. Thereafter, a show cause notice was issued to him and the same was replied. It was stated in the reply that it was the fault on the part of the AAI. After considering its reply, it is clear that he could not start the work in time. Learned counsel for the petitioner referred Clause 9(iii) of Notice Inviting E-Tender (NIET) which reads as under :- “(iii) If the agency fails to install the Automation Parking System as per AAI's specifications within 105 days from LOIA another 15 days extension will be granted with daily penalty of 0.25% of the quoted Monthly License Fees. Even after completion of 120 days from issuance of LOIA, if the agency failed to install the equipment and not commence the operations, LOIA shall be revoked, EMD shall be forfeited and the agency will be debarred from AAI tenders for a period not exceeding three (3) years.” 4. It has been stated that H1 bidder could not start the work even after the gestation period is over. In the meanwhile, the petitioner was allowed to do work as the H1 bidder has failed to make installation of automated vehicle parking management system as per AAI’s specifications within 105 days which can further be extended for a period of 15 days 6 which came to end on 22/05/2025. The petitioner still has time to continue the work till 27/06/2025. 5. On the other hand, learned counsel appearing for the Airport would submit that the petitioner had been temporarily allowed to operate the parking system during the transition and cannot derive any permanent contractual right therefrom. Their claim to be awarded the contract on account of H1's default is legally untenable. Learned counsel would further submit that the extension was granted on a reasoned basis supported by internal assessment, and the matter is under constant monitoring. No arbitrariness or violation of Article 14 is made out. 6. We have heard learned counsel for the parties and perused the pleadings and documents. 7. From bare perusal of the pleadings, it is apparent that as per Clause 9 of the NIT, the Gestation Period has been provided. The same reads thus:- (i) Automated Vehicle Parking solution shall be operationalized within 105 days (15 days for completion of conditions of award and 90 days for SITC and operationalization) of issuance of LOIA. The successful bidder will be allowed to do installation work immediately after issuance of LOIA subject to fulfillment of obligations as per award. (ii) Commencement of operations of subject license 7 will not be permitted until both the perquisites I.e. completion of conditions of award and SITC of automation are not fulfilled by the license. (iii) If the agency fails to install the Automation Parking System as per AAl's specifications within 105 days from LOIA another 15 days extension will be granted with daily penalty of 0.25% of the quoted Monthly License Fees. Even after completion of 120 days from issuance of LOIA, if the agency failed to install the equipment and not commence the operations, LOIA shall be revoked, EMD shall be forfeited and the agency will be debarred from AAI tenders for a period not exceeding three (3) years. 8. In fact, earlier, a show cause notice was issued to the H1 bidder for non-completion within 120 days, which was replied claiming that the system was operational on 06/05/2025 and the delay was attributed to the AAI. Thereafter, a fact finding report was prepared on the directions of higher authorities and found that some delay was occurred. However, as per the provisions of the commercial manual, 2019 the Additional Gestation period was provided from 22/05/2025 till the completion of further 15 days extension to be granted to the concessionaire, shall be processed as additional gestation period by Raipur Airport for approvals, as per the provisions of Commercial Manual, 2025. The said additional gestation period reads 8 thus:- “The period from 22/05/2025 till the completion of further 15 days extension to be granted to the concessionaire, shall be processed as additional gestation period by Raipur Airport for approvals, as per the provisions of Commercial Manual, 2025.” 9. Having considered the entire facts and circumstances of the case and particularly considering the fact that the Additional Gestation period provided as per the Commercial Manual, 2019, we are of the view that the authorities of the AAI have not committed any illegality in extending the time in favour fo the private respondents. 10. Consequently, the writ petition being bereft of merit, is liable to be and is hereby dismissed. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Gowri/ Amardeep