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6. As per the instructions of GoI, it was thereafter, decided that for the upgradation, modernization, operation and maintenance of the Airport (subsequently named as Dr. Babasaheb Ambedkar International Airport, Nagpur) global tenders were to be called by MIL by inviting bids from private parties as per the Request for Qualification (for short ‘RFQ’) for selection of private developers, through public private participation (for short ‘PPP’) on Design, Build, Finance, Operate and Transfer (DBFOT) basis. On 11.12.2017, GoM constituted a High-Powered Project Monitoring and Implementation Committee (for short ‘PMIC’) consisting of eleven Members, being officers of GoM, GoI, MADC and AAI and the Chief Secretary of the GoM would be its Chairman to look after the MIHAN project on behalf of GoM. The Request for Proposal (for short ‘RFP’) was prepared by MIL and approved by PMIC in its meeting held on 24.01.2018. In response, six bidders were shortlisted, but, only five of them were approved for the next stage i.e. for issuance of RFP which was sent vide email dated 01.03.2018. On the final date for submission of bids i.e. 28.09.2018, MIL had received only two bids out of which the bid submitted by GAL proposing revenue share of 5.76% was found to be the highest. Thereafter, MIL asked GAL for discussion and negotiations on 05.03.2019 before PMIC regarding the offered revenue share. During discussion, GAL agreed for the revised revenue share of 14.49%. The said revised revenue share was communicated by GAL through letter dated 06.03.2019 with a request to declare it as the selected bidder and to issue the letter of award (for short “LoA”).

19. In view of the said decisions and to act there upon, MIL prepared RFQ dated 12.05.2016 for upgradation, modernization, operation and maintenance of the Airport through PPP mode on DBFOT basis emphasizing the importance of MIHAN project and specifying that the MIL shall be authority for implementation of the MIHAN project. The particulars of the Nagpur Airport, details about the project, eligibility for the bidders, scope of work, who may participate in bidding process and also specifying the selected bidder were incorporated in RFQ. On perusal of the cabinet decision and MoU, it is quite apparent that MIL was the first JVC incorporated to act on behalf of AAI and MADC who are banking upon the authority of MoCA and GoM. As explained above, PMIC is a high powered committee constituted by GoM and held its meeting on 24.01.2018. MIL presented the RFP for approval which was approved with certain changes and published on 01.03.2018 with the intent to carry out and complete the bidding process.

“Minutes of the meeting held on 30.08.2019 under the Chairmanship of Secretary, Civil Aviation in Rajiv Gandhi B Bhavan, New Delhi to discuss the issues relating to leasing of Nagpur Airport under PPP.
A meeting was held on 30.08.2019 with the officers/representatives of State Government of Maharashtra to take forward the issues related to leasing out of Nagpur Airport to a private concessionaire under Public Private Partnership (PPP).
2. List of participants attached.

34. The third objection/clarification was sought regarding frequent changes in the bid document. It is said that there was a deviation from the standard document (model Request for Qualification for PPP Projects and model Request for Proposal for PPP Projects). The statement of justification for deviation was asked from MIL and GoM. The standard document (Model Request for Qualification for PPP Projects and Model Request for Proposal for PPP Projects, for short “model RFQ and RFP”) is merely a model to be followed. On the basis of said model RFQ and RFP, the authority inviting the tenders for a particular project is required to prepare RFQ and RFP. In the present case, the RFQ and RFP were prepared by MIL and approved by PMIC considering the nature of the project. Therefore, the clarification sought by MoCA regarding deviation from model RFQ and RFP or in a bid document based on the model RFQ and RFP cannot be said to be justifiable. It appears the objection has been raised analysing the terms of RFQ and RFP issued by the department on the basis of which the bidding process was completed. In our view, the said objection/clarification is suffering from the vice of arbitrariness and without any justification. In view of the discussion made above regarding objections/clarifications of MoCA in para 5 (i to iii) in the proceedings 30.8.2019 are arbitrary, unreasonable and without any justification, submitted by the authorities even before this Court. Therefore, all these queries are violative of Article 14 of the Constitution of India.