Setback for Anil Ambani. |
The Delhi High Court today dismissed the petition by the Anil Ambani-owned Reliance Airport Developers challenging the government's decision to award contracts for the modernisation of the Delhi and Mumbai airports to GMR-Frafort and GVK-ACS, respectively. |
"There is in our opinion complete transparency in the decision leading to the modification of the Request for Proposal (RFP) in the tender and uniformity in its application to the bidders who qualified in the process," said the 127-page order by a Division Bench comprising Justice Tirath Singh Thakur and Justice BN Chaturvedi. |
The court granted two weeks to Reliance Airport Developers for filing an appeal before the Supreme Court. At the request of the Reliance Airport Developers counsel, the court ordered that the two consortia would not claim any equity or implement the contract during the next two weeks. |
An Anil Dhirubhai Ambani Group spokesperson declined to comment. However, there are indications that it may make use of the chance to appeal. |
Reliance had submitted that there was "a hidden element" in ignoring its bids, despite it being the highest bidder for Delhi and technologically best equipped for Mumbai. It had said the Centre had deliberately made changes in the tender conditions to favour other consortia. |
The GMR Group said the court verdict had reinforced its resolve to create a world-class airport in Delhi. |
Civil Aviation Minister Praful Patel told news agencies: "We welcome and respect the high court decision. The verdict will be abided by us." |
The court order stated, "The standard by which the bidders were to be originally judged had to be lowered not because the intention was to bring in any particular bidder who was not eligible but because of an unforeseen situation that had arisen on account of there being no eligible bidder left in the fray to claim the second airport after GMR had taken its pick." |
About another point in the petition "" non""disclosure of cancellation of Fraport's contract for Manila Airport "" the court said that GMR had made a complete disclosure of the pending investigations against Fraport in Germany. |
On the involvement of the group of eminent technical experts (GETE), the court said: "GETE role was not in that sense the role of a parallel body of experts evaluating afresh the bids that were received. Its role simply was to make the evaluation proposed by the consultants acceptable in a manner that would remove as far as possible the element of subjectivity and make the entire process rational, uniform, and acceptable." |