MANDAR NARHARI PARAB Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition purporting to be public interest litigation, the petitioner, claiming to be a journalist, has challenged the decision of respondent No. 3 -Jawaharlal Nehru Port Trust (JNPT) to award the contract for construction of 4th Container Terminal at JNPT on DBFOT basis to respondent No. 4 [PSA International Pte. Ltd. (PSA)]. Apart from such challenge, the petitioner has also prayed for a direction to JNPT to blacklist respondent No. 4 from submitting any bid for any tender or contract floated by the Government or any agency or instrumentality of the Government for any purpose whatsoever. The petitioner has also prayed for a direction to JNPT to initiate legal proceedings against respondent No. 4 and such other entities as may be necessary to recover the losses incurred by JNPT on account of failure of respondent No. 4 by itself and its consortium controlled by it to perform their obligation under the tender floated by respondent No. 3 in 2010 for the aforesaid Container Terminal Project. At the hearing of the petition, however, learned counsel for the petitioner did not press the relief concerning blacklisting of respondent No. 4.

(2.) THE facts leading to filing of this petition, broadly stated, are as under: -

(3.) MR . Chinoy, learned senior counsel for the petitioner has made the following submissions;