APM TERMINALS B V Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. By consent of the parties taken up for final hearing.

(2.) The petitioner has challenged the validity and propriety of the action of the respondent No. 2 in disqualifying the petitioner from participating and/or from bidding in the tender process for the project of development of the 4th Container Terminal at JNPT through public private partnership and seeks that the said decision be quashed and set aside and the petitioner be permitted to participate in the tender process in accordance with the new policy i.e. circular PD12013/2/2005JNPT dated 26.9.2007 issued by the respondent No. 1 be read in the licence agreement dated 10.8.2004 between GTI and the respondent No. 2 and further for a direction that respondent No. 1 or respondent No. 2 to release the petitioner from the said restriction contained in Clause 8.31 of the licence agreement and/or to treat the same as not binding on the petitioner.

(3.) The petitioners were informed that they are disqualified from participating in the tender process which has been notified for development of a standalone container handling facility with quay length of 330m towards North at JNPT through a private operator on BOT basis on the ground that as per Clause 8.31 of the licence agreement with M/s. GTIPL, M/s. Maersk A/S CONCOR consortium amd/or their subsidiaries/allied organizations including Gateway Terminals India Pvt., Ltd., (GTIPL) shall be excluded in any form from the bidding for any future/existing facilities at JNPT , including the proposed berth above. The petitioners were further informed in response to their letter dated 18.7.2008 that since Clause 8.31 is already available in the signed license agreement with the GTI, the contents of para2 of JNPT's letter No. PPD/MII/330Extension/2008/553 dated 18.6.2008 remain unchanged thereby disqualifying the petitioner from participating in tender No. PPD/MI/4th CT/T60/2009 Global Invitation or Request for Qualification for project of the development of the Fourth Container Terminal at JNPT through publicprivate partnership on BOT basis for a period of 30 years.