Dismissed

Din Bandhu Dass v. Airports Authority of India and Ors.

Delhi HC16 May 2024W.P.(C)/3905/2015

Case brief

AI extract

What is this about?

Writ petition challenged allotment of canteens and food outlets at IGI Airport to respondents 3 to 5, alleging allotment without open tender. The court noted the licence periods had expired and the spaces were included in extended cargo facilities, held the petition infructuous, and dismissed it while expecting the respondent to honour its agreement obligations.

What the court decided

AI extract

Din Bandhu Dass Vs Airports Authority of India… — Public Procurement and Tenders | Delhi HC (2024)

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$~24

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 3905/2015 DIN BANDHU DASS ..... Petitioner Through: Mr. Joydeep Sharma, Mr. Kaushal Kapoor and Mr. Rajiv Tiwari, Advocates.

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versus

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AIRPORTS AUTHORITY OF INDIA AND ORS. ..... Respondents Through: Mr. Digvijay Rai and Mr. Archit Mishra, Advocate for R-1 Ms. Milanka Chaudhury, Ms. Naina Dubey, Advocates for R-2 Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Mr. Varun Rajawat, Ms. Shreya V. Mehra, Mr. Kartik Baijal, Advocates for UOI

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CORAM:

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HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN O R D E R

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% 16.05.2024

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The present writ petition is filed under Article 226 and 227 of the Constitution of India with the following prayers:

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a) grant a writ of Certiorari or such other appropriate writ, order or direction calling for the records of the Respondent No. 1 and the Respondent No. 2 pertaining to allotment of the Cargo Main Canteen at Cargo Complex in IGI Airport to the Respondent No. 4, the Canteen & Snack Bar Counters near Gate No. 6. Domestic Cargo IGI Airport to the Respondent No. 3 and the outlets and canteens services situated at Truck parking area in IGI Air Port across the Road to the Respondent No. 5; b) grant another writ of Mandamus or such other appropriate

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/05/2024 at 11:49:49

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writ or order quashing/ setting aside the allotment of the Cargo Main Canteen at Cargo Complex in IGI Airport to the Respondent No. 4, the Canteen & Snack Bar Counters near Gate No. 6, Domestic Cargo IGI Airport to the Respondent No. 3 and the outlets and canteens services situated at Truck parking area in IGI Air Port across the Road to the Respondent No. 5 and direct to proper open tender action in respect of the above-said canteens/ food outlets together with all the canteen/ kiosks/ food outlets in premises of the entire IGI Airport;

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c) costs of this petition; and in that behalf

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d) pass such further orders and/or directions as this Hon'ble Court may deem fit, appropriate and proper in the facts and circumstances of the present case.

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The petitioner is stated to be operating in the field of canteens and has reputation in the field of running canteens. The petitioner is also stated to be running the canteens/kiosks at various institutions/colleges.

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The respondent no.1 has awarded a licence for operating 'Staff Canteen(s) AAI (IAD) Cargo Complex, IGI, New Delhi to the Petitioner vide allotment letter No. AAD/E3F371/Staff Canteen/01/3896/1943, in reference to the tender submitted on 25.04.2001. The license was initially granted for a period of two years from date of taking over premises and further extendable for a period of one year. The respondent no.1 further awarded the licence to the petitioner for operating staff canteen(s) AAI (IAD) Terminal - I & Terminal - II, IGI Airport, New Delhi vide allotment letter, no. AAD/E5F371/Staff Canteen/01/3879/1944, in reference to the tender submitted on 25.04. 2001. The licenses were expired in due course of time and the canteen premises were handed over by the petitioner to the respondent no.2.

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The petitioner in the month of July 2014 came to know that the

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/05/2024 at 11:49:49

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canteens/various outlets located at various centres/terminals at IGI Airport were not operational and hence no canteen/food outlet facilities were available at IGI Airport. Hence, the petitioner approached the respondent no.2 with a request for allotment of canteens/food outlets located under the flyover and inside the terminal building of Terminal-3 at IGI Airport, New Delhi. The petitioner also came to know that the vacant canteens were reallotted to the various contractors i.e. to the respondent no.3 to 5 and as per the petitioner the said canteens were allotted/ handed over without following the due process of allotment of canteen through tenders. The petitioner has called upon the respondent no.2 to recall, cancel and terminate the licenses awarded to specific contractors in arbitrary manner and then float an open tender for award of license for various outlets, canteens/kiosks located at IGI Airport. Being aggrieved the petitioner had filed the present petition.

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The counsel for the petitioner stated that as per the agreement executed between respondent no.1 and respondent no.2, the respondent no.2 is bound to follow the terms and conditions of the agreement stated to be entered into with respondent no.1. The respondent no.2 further out of agreement with respondent no.1 is under a contractual obligation to float tenders for the allotment of canteens and kiosks which is not being done by respondent no.1.

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The counsel for the respondent no. 2 also during the course of the argument has referred to various orders passed by this court. The counsel for the respondent no.2 stated that the canteen/kiosk which was allotted to respondent no.3 to 5 has already been expired and space/place where such canteen/kiosk was awarded/allotted to the respondent no. 3 to 5 has already been included in the extended cargo facilities.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/05/2024 at 11:49:49

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The main grievance which is appearing from the petition is the allotment of the canteen/kiosk to the respondents no. 3 to 5 by the respondent no. 2. However the period of allotment has already been over. The place/space where such canteen/kiosk was allotted to the respondents no. 3 to 5 has already been included in the extended cargo.

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In these circumstances, the present petition has become infructuous, accordingly dismissed. However, it is expected that the respondent no. 2 shall fulfill its obligations in pursuance of agreement executed with respondent no. 1.

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DR. SUDHIR KUMAR JAIN, J

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MAY 16, 2024 K/HVK

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/05/2024 at 11:49:49

Din Bandhu Dass v. Airports Authority of India and Ors.

Case brief

What is this about?

What the court decided

Din Bandhu Dass v. Airports Authority of India and Ors.

Case brief

What is this about?

What the court decided

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