V KRISHNAMURTHY Vs. AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) By consent of all the parties and in view of urgency, writ petition itself is taken up for disposal. Amended prayer in the writ petition is as follows:

(2.) The case of the petitioner is briefly stated hereunder:- According to him, he is running a Car rental Services in the name of "Aviation Express" in Madras Airport from July, 1987. He started the said service with 50 vehicles in the year 1987 and presently Car Services have been increased to more than 100 cars, which is exclusively used for the benefit of the Air Passengers in International and National Airports. While so, the Airport Authority of India has caused an advertisement in the Newspapers on 17-8-2003 inviting Tender forms for operation of Car Rental Services at Kamaraj Domestic and Anna International Airports arrival area of Chennai Airport, for the year 2003-2008. The minimum Reserve Licence fee per month is fixed at Rs.1 lakh in addition to the Space Licence Fee and car parking. As per their advertisement, the parties fulfilling certain criteria are alone eligible to purchase tender documents. The firm or individual who fulfil 2 years experience in managing similar kind of business having a fleet of 10 A/c cars not older than 3 years duly registered in the name of the tenderer and experience during the last 10 years from the date of publication of notice shall be taken into consideration. As per the Central Motor Vehicles Rules, any vehicle for transport permit from outside the State cannot operate the vehicle for more than 3 months. Therefore, a person who intended to participate and purchase the tender documents should have experience in managing similar kind of business as well as he should have permit issued by the concerned State Government. He came to understand that the 4th and 5th respondents who are not having such qualification approached the tender issuing authority and obtained tender documents which is contrary to the tender conditions and the Motor Vehicles Rules. In such a circumstance, the petitioner has filed the present writ petition seeking appropriate direction, forbearing the respondents 1 to 3 from receiving or considering the tender forms for car rental services for Chennai Airport that may be submitted by respondents 4 to 6.

(3.) On behalf of respondents 1 to 3, Assistant General Manager (Law) of the Airports Authority of India (International Airport Division) has filed a counter affidavit wherein it is stated that the petitioner is running a Car Rental Services in the name of Aviation Express at Chennai Airport and has been running the same from July, 1987 onwards by virtue of an Agreement with the Airport Authority of India, however, that would not confer on the petitioner any right to run the services in perpetuity. The licence granted to the petitioner comes to an end on 30-09-2003. Therefore, the Airport Authority of India issued a notice inviting tenders on 17-8-2003 for the purpose of operation of the Car Rental Services at the Kamaraj Domestic Airport and the Anna International Airport for the period 2003 to 2008. In response to the said advertisement, the petitioner as well as respondents 4 and 5 have applied and have been found technically qualified to participate in the tender process and their financial bids are likely to be opened shortly. The eligibility criteria for participation in the tender is 2 years experience in managing similar kind of business and having a fleet of 10 A/c Cars which are not older than 3 years and which are duly registered in the name of the tenderer. The petitioner as well as respondents 4 and 5 satisfy this condition. The tenderer will have to comply with all the State and Central laws and Rule 85 (3) will not be a bar for the participation of respondents 4 and 5 in the tender process.