Ani Technologies to operate cab services at Chennai Central station for 6 months
Chennai: The Madras high court has permitted Ani Technologies Pvt. Ltd., to operate cab services in Chennai Central Railway Station for a period of 6 months from September 24, 2018 to March 23, 2019.
Disposing of the petitions from Bharathi Cabs Pvt, Ltd., and Fast Track Pvt, Ltd, Justice S.M. Subramaniam directed the Southern Railway not to give any further extension to Ani Technologies Pvt. Ltd to continue the operation beyond March 23, 2019.
The Southern Railway was directed to issue a modified proceeding, fixing the license fee of Rs 40 lakh for a period of six months to be paid by Ani Technologies within two weeks. The Southern Railway was also directed to call for a fresh tender by taking all necessary steps and accordingly, proceed with the fresh tender notification by providing an opportunity to all the eligible persons including the petitioners and to finalise the tender before the expiry of the six months period, enabling the new successful tenderer to continue the operations without any break, the judge added.
The judge said the successful bidder after selection and the issuance of acceptance certificate would acquire the right of legitimate expectations that he will be permitted to operate the cab services in Central station.
However, on account of the interim order granted by this court, the Ani Technologies was unable to operate the cab services, which affected the public at large to some extent. On account of non-operation, the people at large were also unable to utilise the services of cabs to reach their destinations. Inadequate and insufficient services will lead to exploitations on the part of the other operators including auto operators, the judge added.
The judge said in the absence of adequate service in Central station, one can imagine that there would be large scale of exploitations by these Auto drivers and other cab operators with the passengers. Already there were allegations against these operators more specifically in Chennai Central station area.
Under these circumstances, increasing of the cab operations were certainly imminent and to be provided in the interests of the passengers and the public at large. Thus, further continuation of the interim order was certainly not preferable. Thus, the facts and circumstances of the present case, certainly require an application of the legal principle of legitimate expectations, more specifically, in favour of Ani Technologies, who was the successful bidder in the tender.
Accordingly, this court was of an opinion that the Ani Technologies must be allowed to operate the cab services as per the terms and conditions stipulated in the tender notification. However, the question arises, how long the company can be allowed to operate in the
Central station, which was to be considered by this court. Allowing the Ani Technologies for a further period of one year will also cause financial loss to the Southern Railway. Entirely preventing the company from operating the cabs as per the selection will also cause prejudice to the company. Thus, in the interest of all concerned, a balancing approach was required, to protect the revenue of the Southern Railway and to honor the process of tender already conducted and in respect of the selection of Ani Technologies as successful bidder, the judge added and gave the above directives.
