Resources Of Aviation Redressal Association (Roar) And 5 ORS. v. Union Of India And 2 ORS.

PIL. 83-13 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION No. 83 OF 2013 Resources of Aviation Redressal Association (ROAR) & Ors.

...

Petitioners Vs.

Union of India & Ors.

...

Respondents *** Mr. Vaibhav Pandya i/b V. J. Hegde, for the Petitioners. Mr. Kevic Setalvad, Sr. Counsel a/w Kavita Anchan i/b M. V. Kini & Co., for Respondent No. 2.

*** CORAM : V. M. KANADE, & REVATI MOHITE DERE, JJ.

DATE : FEBRUARY 23, 2016 PC.

1.

By this petition, which is filed as PIL, Petitioners are seeking following reliefs:

"(a) that this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order and / or direction in the nature of mandamus, thereby directing the Respondent No. 1 and 2 to forthwith and in any event within such public time as may be permitted by this Hon'ble Court, call for appropriate 1 / 2

PIL. 83-13 public tenders and / or such public competitive bidding process in respect of the grant of the Lease of the land admeasuring 18000 sq. meters, situated at the junction of the Andheri - Ghatkopar Link Road and Airport Road, Andheri (East), Mumbai 400 059 more particularly described in the Deed of lease to the successful bidder strictly on merits, in accordance with the law and in a fair, open and transparent manner;

(b) for costs of this petition and such other and further orders as this Hon'ble Court, may deem fit in the circumstances of the case aforesaid."

2.

In our view, this issue cannot be decided by us while exercising our writ jurisdiction under Article 226 of the Constitution of India and the Petitioners, therefore, can exhaust an alternate available remedy, viz. filing an appropriate suit before the appropriate Court, if it is maintainable in law. Hence, PIL is disposed of reserving the right of the Petitioner to exhaust an alternate remedy, if available in law.

Sd/- Sd/- [REVATI MOHITE DERE, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2