BALAJI SERVICES Vs. AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been submitted for quashment of tender allotted to respondent No. 3 vide Annexure P-12 and for further direction to consider the tender of the petitioner. Quashment of the demand raised against the petitioner vide Annexure P-13 has also been prayed for.

(2.) Briefly stated the relevant facts are that the petitioner was holding the contract for car parking in Devi Ahilyabai Holkar Airport, Indore. On 22-5-2009, the petitioner surrendered the car parking contract with six months' notice under protest. At the relevant point of time, licence fee of the contract was Rs. 8,47,000/- plus service tax per month. Copy of the surrender letter dated 22-5-2009 is on record as Annexure P-2. Notice period was coming to an end on 21-11-2009, therefore, the Air Port Authority of India (respondent No. 1) entered into negotiations with the petitioner and it was decided that Rs. 4,41,000/- plus service tax will be paid by the petitioner and also that when the regular tender would be invited, whatever amount will be quoted, the petitioner will deposit the difference amount. In this background, the Air Port Authority reduced the price from Rs. 8,47,000/- plus service tax per month to Rs. 4,60,000/- plus service tax per month.

(3.) On 22-1-2010, fresh tender for car parking was opened. According to the petitioner, respondent Nos. 3 and 4 did not fulfil the eligibility criteria which was objected to vide Annexure P-5, dated 16-3-2010. Despite such complaints, vide Annexures P-6 to P-11, tender was awarded to respondent No. 3 vide Annexure P-12, dated 11-5-2010. It is stated in the petition that tender was allotted to respondent No. 3 in an illegal manner, despite absence of eligibility. Ignoring its ineligibility, difference amount payable by the petitioner has been calculated at Rs. 7,77,786/- per month plus service tax, on the basis of tender awarded to respondent No. 3 in illegal manner. Respondent No. 1 thereafter, issued letter dated 19-5-2010 (Annexure P-13) demanding thereby recovery of difference amount of Rs. 19,92,226/- from the petitioner. Thereafter, respondent No. 2 again issued letter dated 1-6-2010 (Annexure P-14). demanding thereby Rs. 19,92,226/- against the bill dated 19-5-2010 and Rs. 2,18,473/- against the bill dated 3-5-2010. The petitioner was requested to make the payment up-to 8-6-2010, failing which it was informed that money payable to the petitioner would be adjusted/appropriated against the money payable to the petitioner by respondent No. 1.