Balco Employees Union (Regd.) vs Union Of India & Ors on 10 December, 2001
13. As far as second preliminary objection regarding
locus standi of the appellant to challenge the Award
of the Contract for the development of the
Pondicherry Port to the respondent No. 11 is
concerned, this Court finds that the contract
assailed in the writ petitions is purely commercial in
nature. Neither the parties, which had participated
in the process of selection of the
consultant/Developer nor one of those, who had
expressed desire to develop the Pondicherry Port
but was not selected, has come forward to challenge
the selection procedure adopted by the Government
of Pondicherry or the selection of the respondent
66
No. 11 as Developer of the Pondicherry Port. The
question of locus standi in the matter of awarding
the contract has been considered by this Court in
BALCO Employees' Union (Regd.) vs. Union of India
[(2002) 2 SCC 333]. This Court, after review of law
on the point, has made following observations in
paragraph 88 of the judgment: -