JAI KARAN SINGH Vs. AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) This judgment will dispose of two Letters Patent Appeals bearing Nos. 523/2000 and 549/2000 directed against the judgment of the learned Single Judge dated 25/09/2000 whereby the writ petitions seeking quashing of the notice inviting tenders dated 22/02/1999 issued by the first respondent- Airports Authority of India for allotment of space for running ISD/STD/PCO booths at various sites at Indira Gandhi International Airport, have been dismissed.

(2.) Some time in the year 1993 the appellants, sponsored by the second respondent-Mahanagar Telephone Nigam Limited (for short 'M.T.N.L.'), under the 1982 Scheme for unemployed educated youths, were allocated space by the Airports Authority of India (for short 'A.A.I.') on licence basis at the domestic, international and cargo terminals of Indira Gandhi International Airport (for short 'I.G.I.A.') for installing telephones and for managing and operating STD/ISD/PCO booths.

(3.) On 22/02/1999, the Airports Authority of India issued notice inviting tenders for grant of licences for operating STD/ISD/PCO booths at various locations at IGIA. The last date for submission of tenders was 15/03/1999. The appellants, apprehending the termination of their licences and their consequential eviction from the locations allotted to them at the IGIA, filed writ petitions calling in question the aforesaid notice on various counts. The learned Single Judge not finding any merit in the writ petitions dismissed the same on 25/09/2000. While dismissing the writ petitions the learned Single Judge held that the period for which the licences were granted had expired and the first respondent had an indisputable right to invite fresh tenders. The claim of the appellants that they had a legitimate expectation to continue as licensees at the site was also not accepted. The learned Single Judge did not find the action of the first respondent in inviting tenders as arbitrary, unreasonable or unfair. It was also found that the action of the first respondent was in conformity with the provisions of Section 11 of the Airports Authority Act which requires the Airports Authority of India to act in consonance with 'business principles'.