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The firm is proud to announce that Mr. Ali has been awarded an AV Rating by Martindale-Hubbell. This is the very highest rating of legal ability. Further, Mr. Ali has achieved an AVVO Score of 10 out of 10.
Thomas J. Ali, Esquire manages the firm’s Personal Injury and Criminal Law Divisions. He was born on October 26, 1958 in Elizabeth, New Jersey. Mr. Ali and his family moved to the Delray Beach, Florida area in approximately 1973. He graduated from Delray Beach Atlantic High School in 1976. Mr. Ali obtained his Bachelor of Arts Degree from the University of Florida in 1980. He was a member of Sigma Alpha Esplison Fraternity, Florida Upsilon Chapter. Mr. Ali received his Juris Doctorate from University of Florida College of Law in 1983. Upon graduation, Mr. Ali served as Law Clerk to the Honorable Jack R. Schoonover, Second District Court Appeal. He next served as an Assistant Public Defender for the Tenth Judicial Circuit, defending major felony and criminal charges. Mr. Ali is an active member of the Florida Justice Association and the Palm Beach County Bar Association. He is an extraordinarily experienced trial attorney having tried many cases to jury verdict. Mr. Ali served as both a member and Chairman of the Fifteenth Judicial Circuit Attorney Disciplinary Committee. Mr. Ali is actively involved in local youth sports and volunteer organizations. He is a communicant of St. Patrick’s Church in Palm Beach Gardens, Florida, where he lives with his wife of thirty years, Mary Beth, and their four (4) children, aged 16 through 26.
On July 9, 2013, and as a result of his substantial service since becoming a member, Mr. Ali was accorded the Award of the Rotarian of the Year by the Rotary Club of the Northern Palm Beaches. Mr. Ali was elected President of the Rotary Club of the Northern Palm Beaches, a position he is proud to hold.
Guncheon v. The Town Council of North Palm Beach, 1 FLW Supp. 5 (August 10, 1992). (Involved a successful challenge to the Village of North Palm Beach Code Enforcement Board concerning the construction of a gazebo in a resident’s yard).
Reliable Reprographics Blueprint and Supply, Inc. v. Florida Mango Office Park, Inc. 645 So. 1040 (Fla. 4th DCA 1994). (One of the leading Florida cases governing appeal of orders concerning attorney’s fees and cost awards).
Patterson Outdoor Advertising v. Department of Transportation, 651 So. 2d. 784 (Fla. 4th DCA 1995). (The court holds absence of proper notice either that fees for billboards on I-95 were coming due or that they were late and must be paid within thirty (30) days required reversal of the order the Florida Department of Transportation denying applications for billboard permits).
DeSantis v. DeSantis, 692 So. 2d. 300 (Fla. 4th DCA 1997). (The District Court affirmed final judgment of dissolution of marriage).
Binkerd v. Svendsen, 724 So. 2d 1264 (Fla. 4th DCA 1999). (In an estate case the appellate court reverses the trial court in granting a summary judgment and remands for a trial).
McArdle v. McArdle, 753 So. 2d 696 (Fla. 4th DCA 2000). (The court holds non-custodial parent should be granted reasonable visitation with a child unless there is proof of extreme circumstances, or the trial court finds that the visitation will adversely affect the welfare of the child).
In Re: Relief: Margaret Helm, Chapter 2002-313 Laws of Florida Acts 2002 (June 11, 2002). (Legislation passing equitable claim bill approved by Florida Governor for injured claimant in action against Martin County, Florida where a volunteer fireman runs over claimant acting as Good Samaritan assisting elderly couple injured in accident).
Cacciatore v. Fisherman’s Wharf Realty, 821 So. 2d. 1251 (Fla. 4th DCA 2002). (Seminal Florida case holding a presumption of tenancy by the entireties arises in connection with ownership of a stock certificate issued in the joint names of the husband and wife, the words “with right of survivorship” are not required to be appended).
Della Ratta v. Della Ratta, 927 So. 2d. 1055 (Fla. 4th DCA 2006). (Seminal Florida case concerning the “family member presumption”, and claims for “unjust enrichment” and imposition of an equitable lien on a condominium apartment relating to claims of a son that with the knowledge and consent of his mother and step-father, he made improvements to a condominium owned by his mother and step-father and paid all expenses in expectation of eventually receiving title to the condominium by gift or purchase, and that the mother and step-father ultimately decided to sell the condominium to a third party. The appellate court ruled in favor of the son by concluding that his claims below for damages for “unjust enrichment” and the imposition of an equitable lien on the condominium should not have been dismissed by the trial court).
Department of Financial Services, Division of Workers’ Compensation v. Lumbert, DOAH Case No: 10-0520. (February 23, 2011). (The Department of Financial Services, Division of Worker’s Compensation sought unsuccessfully to impose a penalty of $43,718.07 against James Lumbert for failing to obtain worker’s compensation insurance coverage. The Administrative Law Judge ruled that not only did the Division fail to properly calculate penalties sought (which originally was over $80,000.00) but that Mr. Lumbert was neither a sole proprietor nor an independent contractor employed in the construction industry at the time of the proceeding at issue. Thus, the Division failed to prove that Mr. Lumbert was an employer/employee in the construction industry required to provide worker’s compensation insurance coverage for himself).

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Under the “Christian Doctrine,” the standard bond requirements in construction contracts are incorporated by operation of law, even if the Contracting Officer fails to include them. As readers of this blog know, under the “Christian Doctrine” a contract will be read to include a required clause even though it is not physically incorporated in the document. G.L.Christian & Assocs. v. United States, 312 F. 2d 418, reh’g denied, 320 F. 2d 345 (Ct. Cl. 1963), cert denied, 375 U.S. 954 (1963). The Christian case dealt with the termination for convenience clause, and stands for the proposition that a clause will be “read into” a contract and included if (1) the clause is mandatory; and (2) it expresses a significant or deeply ingrained strand of public procurement policy.
The bonds are required by the Miller Act, 40 U.S.C. §§3131-34, which is implemented at FAR 28.102-1.
Based on long standing statute (Miller Act, which has been in effect since 1935), performance and payment bonds are “deeply ingrained” in procurement policy.
Note: Performance bonds protect the government by ensuring that a contract will be completed with no further cost to the government, even if the contractor defaults; payment bonds are intended to provide security for those who furnish labor and materials (subcontractors and suppliers) in the performance of government contracts—and provide an alternative remedy to subcontractors and suppliers who cannot place a lien on government property.
Based on this analysis, the Federal Circuit held that the standard bond requirements in construction contracts were incorporated into K-Con’s contracts as a result of the Christian Doctrine (i.e. by operation of law) at the time the contracts were awarded.
Termination for convenience clause. G.L.Christian & Assocs. v. United States, Id.
Clause requiring plaintiff to exhaust administrative remedies before bringing suit for breach of contract. Clem Perrin Marine Towing, Inc. v. Panama Canal Co., 730 F.2d 186 (5th Cir.), reh’g and reh’g en banc denied, 734 F.2d 1479, cert. denied, 469 U.S. 1037 (1984).
Clause promoting uniform treatment of “major issues” such as cost or pricing data when more than one military department is purchasing an item). SCM Corp. v. United States, 645 F.2d 893, (Ct. Cl. 1981).
Clause outlining proper pre-award negotiation procedures. Schoenbrod v. United States, 410 F.2d 400 (Ct. Cl. 1969).
Clause implementing requirements of the Buy American Act. S.J. Amoroso Constr. Co. v. United States, 26 Cl. Ct. 759 (1992).
Acquisition Regulation clause preventing double payments for material handling costs (DAR 7-103.7). Gen. Engr Mach. Works. v. O’Keefe, 991 F. 2d 775 (Fed. Cir. 993).
Richard D. Lieberman’s FAR Consulting at https://www.richarddlieberman.com/, and Mistakes in Government Contracting at https://richarddlieberman.wixsite.com/mistakes/.

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Čelko, L. ; Gadas, P. ; Häkkänen, H. ; Hrdlička, A. ; Kaiser, J. ; Kaski, S. ; Modlitbová, P. ; Novotný, J. ; Novotný, K. ; Prochazka, D. ; Sládková, L.
In general, the detection of F and other halogens is challenging through conventional techniques. In this paper, various approaches for the qualitative and quantitative analysis of F using the laser-induced breakdown spectroscopy (LIBS) technique were demonstrated. In LIBS, fluorine detection can be realized by means of atomic lines and molecular bands. For the purposes of our experiment, two sets of pellets with various contents of CaF2, CaCO3 and cellulose were analyzed using a lab-based LIBS system under a He atmosphere. The fluorine atomic line at 685.60 nm was correlated with CaF signals proving their close relationship. Consequently, the limits of detection were determined for both analytical signals. Moreover, conditions necessary for the quantification of F via CaF band signals were estimated. The dependence of the CaF signal on the varying ratio of Ca and F contents was investigated. Finally, a chip of a real CaF2 crystal was prepared and its surface was mapped with Raman and LIBS systems. The obtained elemental and molecular maps showed good numerical correlations. Thus, the yielded results validated the possibility to substitute the fluorine atomic line by non-conventional CaF molecular bands in the qualitative and quantitative LIBS analysis of fluorine.
Hrdlička, A. ; Kaiser, J. ; Klus, J. ; Novotný, J. ; Novotný, K. ; Prochazka, D. ; Škarková, P. ; Vrábel, J.
Multivariate data analysis (MVDA) is getting popular across the spectroscopic community. To assess accurate results, the obtained data should be preprocessed prior to utilization of any MVDA algorithm. The process of data normalization or “internal standardization” is widely used across a broad range of applications. In this manuscript we investigate the utilization of Laser-Induced Breakdown Spectroscopy (LIBS) coupled with MVDA. However, many articles regarding the use of MVDA on data from LIBS do not provide any information about the data pretreatment. This work describes the impact of LIBS data normalization approaches on MVDA classification accuracy. Also, the impact of classical data preprocessing (mean centering and scaling) exploiting the prior utilization of MVDA was studied. This issue was investigated exploiting simple soft independent modelling of class analogies algorithm. The findings were generalized for three sample matrices (steel, Al alloys, and sedimentary ores). Furthermore, the selection of an appropriate normalization algorithm is not trivial since the spectrum of each sample matrix is composed of a different number of elements and corresponding elemental lines.
Author: Klus, J. ; et. al.
Kaiser, J. ; Mikysek, P. ; Novotný, J. ; Novotný, K. ; Pořízka, P. ; Prochazka, D. ; Slobodník, M.
This paper presents a novel approach for processing the spectral information obtained from high-resolution elemental mapping performed by means of Laser-Induced Breakdown Spectroscopy. The proposed methodology is aimed at the description of possible elemental associations within a heterogeneous sample. High-resolution elemental mapping provides a large number of measurements. Moreover, typical laser-induced plasma spectrum consists of several thousands of spectral variables. Analysis of heterogeneous samples, where valuable information is hidden in a limited fraction of sample mass, requires special treatment. The sample under study is a sandstone-hosted uranium ore that shows irregular distribution of ore elements such as zirconium, titanium, uranium and niobium. Presented processing methodology shows the way to reduce the dimensionality of data and retain the spectral information by utilizing self-organizing maps (SOM). The spectral information from SOM is processed further to detect either simultaneous or isolated presence of elements. Conclusions suggested by SOM are in good agreement with geological studies of mineralization phases performed at the deposit. Even deeper investigation of the SOM results enables discrimination of interesting measurements and reveals new possibilities in the visualization of chemical mapping information. Suggested approach improves the description of elemental associations in mineral phases, which is crucial for the mining industry.
Author: Prochazka, D. ; et. al.
Kaiser, J. ; Klus, J. ; Mazura, M. ; Novotný, J. ; Novotný, K. ; Pořízka, P. ; Prochazková, P. ; Rebrošová, K. ; Samek, O.
In this work, we investigate the impact of data provided by complementary laser-based spectroscopic methods on multivariate classification accuracy. Discrimination and classification of five Staphylococcus bacterial strains and one strain of Escherichia coli is presented. The technique that we used for measurements is a combination of Raman spectroscopy and Laser-Induced Breakdown Spectroscopy (LIBS). Obtained spectroscopic data were then processed using Multivariate Data Analysis algorithms. Principal Components Analysis (PCA) was selected as the most suitable technique for visualization of bacterial strains data. To classify the bacterial strains, we used Neural Networks, namely a supervised version of Kohonen's self-organizing maps (SOM). We were processing results in three different ways - separately from LIBS measurements, from Raman measurements, and we also merged data from both mentioned methods. The three types of results were then compared. By applying the PCA to Raman spectroscopy data, we observed that two bacterial strains were fully distinguished from the rest of the data set. In the case of LIBS data, three bacterial strains were fully discriminated. Using a combination of data from both methods, we achieved the complete discrimination of all bacterial strains. All the data were classified with a high success rate using SOM algorithm. The most accurate classification was obtained using a combination of data from both techniques. The classification accuracy varied, depending on specific samples and techniques. As for LIBS, the classification accuracy ranged from 45% to 100%, as for Raman Spectroscopy from 50% to 100% and in case of merged data, all samples were classified correctly. Based on the results of the experiments presented in this work, we can assume that the combination of Raman spectroscopy and LIBS significantly enhances discrimination and classification accuracy of bacterial species and strains. The reason is the complementarity in obtained chemical information while using these two methods.
Author: Škarková, P. ; et. al.
Farka, Z. ; Hrdlička, A. ; Jebavá, A. ; Kaiser, J. ; Klus, J. ; Lubal, P. ; Novotný, K. ; Pořízka, P.
In this study, the feasibility of Quantum dots (QDs) 2D distribution mapping on the substrate by Laser-Induced Breakdown Spectroscopy (LIBS) was examined. The major objective of this study was to describe phenomena occurring after applying aqueous solutions of QDs onto filtration paper. Especially, the influence of pH and presence of Cu2 + cations in QDs solutions on LIBS signal was investigated. Cadmium Telluride QDs (CdTe QDs) were prepared by formation of nanosized semiconductor particles in so called “one-pot” synthesis. CdTe QDs were capped by glutathione or by 3-mercaptopropionic acid. The technique described in this work allows detection of QDs injected on the selected substrate – filtration paper. Results obtained from LIBS experiments were collated with a comparative method, fluorescence microscopy, which showed variations in the distribution of QDs on the substrate surface and possibilities for quenching. Due to the immediate signal response, relatively simple instrumentation and automatization possibility, LIBS offers promising and fast alternative to other techniques, as it is able to detect also nanoparticles with no visible luminescence.
Author: Sládková, L. ; et. al.
Čelko, L. ; Hrdlička, A. ; Kaiser, J. ; Novotný, K. ; Pořízka, P. ; Prochazka, D. ; Remešová, M. ; Škarková, P.
In this work we studied the effect of vacuum (low pressure) conditions on the behavior of laser-induced plasma (LIP) created on a sample surface covered with silver nanoparticles (Ag-NPs), i.e. Nanoparticles-Enhanced Laser-Induced Breakdown Spectroscopy (NELIBS) experiment in a vacuum. The focus was put on the step by step optimization of the measurement parameters, such as energy of the laser pulse, temporally resolved detection, ambient pressure, and different content of Ag-NPs applied on the sample surface. The measurement parameters were optimized in order to achieve the greatest enhancement represented as the signal-to-noise ratio (SNR) of NELIBS signal to the SNR of LIBS signal. The presence of NPs involved in the ablation process enhances LIP intensity; hence the improvement in the analytical sensitivity was yielded. A leaded brass standard was analyzed with the emphasis on the signal enhancement of Pb traces. We gained enhancement by a factor of four. Although the low pressure had no significant influence on the LIP signal enhancement compared to that under ambient conditions, the SNR values were noticeably improved with the implementation of the NPs.
Burget, R. ; Kaiser, J. ; Klus, J. ; Mašek, J. ; Modlitbová, P. ; Novotný, J. ; Novotný, K. ; Prochazka, D. ; Rajnoha, M.
In this work, we proposed a new data acquisition approach that significantly improves the repetition rates of Laser-Induced Breakdown Spectroscopy (LIBS) experiments, where high-end echelle spectrometers and intensified detectors are commonly used. The moderate repetition rates of recent LIBS systems are caused by the utilization of intensified detectors and their slow full frame (i.e. echellogram) readout speeds with consequent necessity for echellogram-to-1D spectrum conversion (intensity vs. wavelength). Therefore, we investigated a new methodology where only the most effective pixels of the echellogram were selected and directly used in the LIBS experiments. Such data processing resulted in significant variable down-selection (more than four orders of magnitude). Samples of 50 sedimentary ores samples (distributed in 13 ore types) were analyzed by LIBS system and then classified by linear and non-linear Multivariate Data Analysis algorithms. The utilization of selected pixels from an echellogram yielded increased classification accuracy compared to the utilization of common 1D spectra.
Kaiser, J. ; Mikysek, P. ; Novotný, J. ; Novotný, K. ; Pořízka, P. ; Prochazka, D. ; Prochazková, P. ; Slobodník, M. ; Trojek, T.
The goal of this work is to provide high resolution mapping of uranium in sandstone-hosted uranium ores using Laser-Induced Breakdown Spectroscopy (LIBS) technique. In order to obtain chemical image with highest possible spatial resolution, LIBS system in orthogonal double pulse (DP LIBS) arrangement was employed. Owing to this experimental arrangement the spot size of 50 μm in diameter resulting in lateral resolution of 100 μm was reached. Despite the increase in signal intensity in DP LIBS modification, the detection of uranium is challenging. The main cause is the high density of uranium spectral lines, which together with broadening of LIBS spectral lines overreaches the resolution of commonly used spectrometers. It results in increased overall background radiation with only few distinguishable uranium lines. Three different approaches in the LIBS data treatment for the uranium detection were utilized: i) spectral line intensity, ii) region of apparent background and iii) multivariate data analysis. By utilizing multivariate statistical methods, a specific specimen features (in our case uranium content) were revealed by processing complete spectral information obtained from broadband echelle spectrograph. Our results are in a good agreement with conventional approaches such as line fitting and show new possibilities of processing spectral data in mapping. As a reference technique to LIBS was employed X-ray Fluorescence (XRF). The XRF chemical images used in this paper have lower resolution (approximately 1–2 mm per image point), nevertheless the elemental distribution is apparent and corresponds to presented LIBS experiments.
Brada, M. ; Kaiser, J. ; Klus, J. ; Novotný, J. ; Novotný, K. ; Prochazka, D. ; Vítková, G.
The objective of this work was to assess a part of echelle Laser-Induced Plasma spectra (ranging from 200 to 1000 nm) that could be most effectively employed for rocks classification. Therefore, a 60 nm wide spectral window mask was iteratively moved over the broadband echelle spectra. Each created narrow artificial spectral windows (60 nm) was used for the classification of rock samples using various Multivariate Data Analysis (MVDA) algorithms, reaching more than 99% of the overall accuracy in certain cases. Afterwards, the Czerny-Turner spectrometer (having higher sensitivity compared to the echelle spectrometer) was aligned to the a priori selected and the most effective spectral regions and rocks samples were re-measured. Consequently the MVDA analyses were utilized again, providing also satisfying classification results yielding more than 99% of the overall accuracy. Measurements of 28 sedimentary ores (certified reference materials) were done utilizing commercially available X-Trace device (AtomTrace), where spectrometers in both configurations (echelle and Czerny-Turner) were exploited.
Kaiser, J. ; Novotný, J. ; Novotný, K. ; Pořízka, P. ; Prochazka, D.
The purpose of this work is to provide detailed study of statistical behavior of different types of analytical signals in typical of Laser-Induced Breakdown Spectroscopy (LIBS) measurements. The main goal of this work is to justify usage of arithmetic mean and standard deviation as statistical estimates of expected value of selected analytical signal. In contrary to the general assumption that LIBS data show Gaussian distribution, this paper deals with the hypothesis that the data rather demonstrate Generalized Extreme Value Distribution. The study is realized on 10 selected lines measured on NIST glass standard. In order to cover wide range of possible applications three different spectra internal standardization techniques and their influence on distribution were studied. Finally, assuming that the data comes from a single distribution and the central limit theorem is valid, the influence of accumulations on the line distribution is examined and discussed. Statistical tools used and described in this paper can be utilized by other researchers to confirm their hypotheses and verify utilization of Gaussian distribution or even novel data processing methods.
Hrdlička, A. ; Kaiser, J. ; Képeš, E. ; Klus, J. ; Novotný, J. ; Novotný, K. ; Prochazka, D.
In this manuscript we highlight the necessity of outlier filtering prior the multivariate classification in Laser-Induced Breakdown Spectroscopy (LIBS) analyses. For the purpose of classification we chose to analyse BAM steel standards that possess similar composition of major and trace elements. To assess the improvement in figures of merit we compared the performance of three outlier filtering approaches (based on Principal Component Analysis, linear correlation and total spectral intensity) already separately discussed in the LIBS literature. The truncated data set was classified using Soft Independent Modelling of Class Analogies (SIMCA). Yielded results showed significant improvement in the performance of multivariate classification coupled to filtered data. The best performance was observed for the total spectral intensity filtering approach gaining the analytical figures of merit (overall accuracy, sensitivity, and specificity) over 98%. It is noteworthy that the results showed relatively low sensitivity and high specificity of the SIMCA algorithm regardless of the presence of outliers in the data sets. Moreover, it was shown that the variance in the data topology of training and testing data sets has a great impact on the consequent data classification.
Author: Skočovská, K. ; et. al.
A complex optimization of geometrical and temporal parameters of a jet system (developed in Laser-induced breakdown spectroscopy (LIBS) laboratory of Brno University of Technology) for direct elemental analysis of samples in a liquid state of matter using LIBS was carried out. First, the peristaltic pump was synchronized with the flashlamp of the ablation laser, which reduced variation of the ablated sample amount. Also, the fluctuation of the laser ray angle incident on the jet surface was diminished. Such synchronization reduced signal standard deviations and thus increased repeatability of the measurements. Then, laser energy and distance of the focusing lens from the sample were optimized. The gate delay time and the gate width were optimized for single pulse (SP) experiments; the gate delay time and the inter-pulse delay were optimized for the use of double pulse (DP) variant. Results were assessed according to the highest signal to noise ratios and the lowest relative standard deviations of the signal. The sensitivity of the single pulse and the double pulse LIBS for the detection of heavy metals traces, copper (Cu i at 324.754 nm) and lead (Pb i at 405.781 nm), in aqueous solution of copper (ii) sulfate and lead (ii) acetate, was estimated in terms of limits of detection (LODs). As a result, sensitivity improvement of DP LIBS system was observed, the LOD of Cuobtained with DP was calculated 40% lower than LOD gained from SP technique.
Bilík, M. ; Brada, M. ; Bradáč, A. ; Kaiser, J. ; Klus, J. ; Novotný, J. ; Novotný, K. ; Pořízka, P. ; Prochazková, P. ; Semela, M. ; Ticová, B.
Identification of the position, length and mainly beginning of a braking track has proven to be essential for determination of causes of a road traffic accident. With the introduction of modern safety braking systems and assistance systems such as the Anti-lock Braking System (ABS) or Electronic Stability Control (ESC), the visual identification of braking tracks that has been used up until the present is proving to be rather complicated or even impossible. This paper focuses on identification of braking tracks using a spectrochemical analysis of the road surface. Laser-Induced Breakdown Spectroscopy (LIBS) was selected as a method suitable for fast in-situ element detection. In the course of detailed observations of braking tracks it was determined that they consist of small particles of tire treads that are caught in intrusions in the road surface. As regards detection of the “dust” resulting from wear and tear of tire treads in the environment, organic zinc was selected as the identification element in the past. The content of zinc in tire treads has been seen to differ with regard to various sources and tire types; however, the arithmetic mean and modus of these values are approximately 1% by weight. For in-situ measurements of actual braking tracks a mobile LIBS device equipped with a special module was used. Several measurements were performed for 3 different cars and tire types respectively which slowed down with full braking power. Moreover, the influence of different initial speed, vehicle mass and braking track length on detected signal is discussed here.
Čelko, L. ; Kaiser, J. ; Klus, J. ; Novotný, K. ; Prochazka, D. ; Ročňáková, I. ; Sládková, L. ; Spotz, Z. ; Šperka, P.
We present a report on the potential use of the Laser-Induced Breakdown Spectroscopy (LIBS) technique for direct investigation of Mg corrosion and related optimization of the table-top LIBS system. Moreover, the preliminary study to prove the capability of this LIBS technique for the estimation of corrosion grade is given. In order to simulate the real corrosive environment, Mg samples were prepared in a constant climate chamber. We show that the corrosive layer on the sample surface significantly affects the properties of laser–matter interactions, i.e. among other parameters causing the matrix effect. Consequently, the properties and persistence of laser-induced plasmas (LIPs) and their composition, generated on such degraded surfaces, essentially differ. Collected radiation of LIP is then analysed and ratios of ionic to atomic Mg spectral lines are correlated with the grade of magnesium corrosion, i.e. content of Mg(OH)2 on the sample surface. The content of Mg(OH)2 is also correlated with plasma temperature as well as with the electron number density of LIP. Additionally, X-ray diffraction (XRD) analysis and optical profilometry were utilized to obtain more comprehensive information about the degradation grade of high purity Mg samples.
Bilík, M. ; Bradáč, A. ; Kaiser, J. ; Klus, J. ; Novotný, J. ; Novotný, K. ; Pořízka, P. ; Prochazková, P. ; Semela, M. ; Ticová, B.
The objective of this paper is a study of the potential of laser induced breakdown spectroscopy (LIBS) for detection of tire tread particles. Tire tread particles may represent pollutants; simultaneously, it is potentially possible to exploit detection of tire tread particles for identification of optically imperceptible braking tracks at locations of road accidents. The paper describes the general composition of tire treads and selection of an element suitable for detection using the LIBS method. Subsequently, the applicable spectral line is selected considering interferences with lines of elements that might be present together with the detected particles, and optimization of measurement parameters such as incident laser energy, gate delay and gate width is performed. In order to eliminate the matrix effect, measurements were performed using 4 types of tires manufactured by 3 different producers. An adhesive tape was used as a sample carrier. The most suitable adhesive tape was selected from 5 commonly available tapes, on the basis of their respective LIBS spectra. Calibration standards, i.e. an adhesive tape with different area content of tire tread particles, were prepared for the selected tire. A calibration line was created on the basis of the aforementioned calibration standards. The linear section of this line was used for determination of the detection limit value applicable to the selected tire. Considering the insignificant influence of matrix of various types of tires, it is possible to make a simple recalculation of the detection limit value on the basis of zinc content in a specific tire.
Čelko, L. ; Kaiser, J. ; Novotný, J. ; Novotný, K. ; Pořízka, P. ; Prokeš, L. ; Všianský, D.
Focusing on historical aspect, during archeological excavation or restoration works of buildings or different structures built from Brick it is important to determine, preferably in-situ and in real-time, the locality of Brick origin. Fast classification of Brick on the base of Laser-Induced Breakdown Spectroscopy (LIBS) spectra is possible using multivariate statistical methods. Combination of principal component analysis (PCA) and linear discriminant analysis (LDA) was applied in this case. LIBS was used to classify altogether the 29 brick samples from 7 different localities. Realizing comparative study using two different LIBS setups — stand-off and table-top it is shown that stand-off LIBS has a big potential for archeological in-field measurements.
Gornushkin, I. B. ; Kaiser, J. ; Klessen, B. ; Panne, U. ; Riedel, J.
This contribution introduces a new type of setup for fast sample analysis using laser-induced breakdown spectroscopy (LIBS). The novel design combines a high repetition rate laser (up to 50 kHz) as excitation source and an acousto-optical modulator (AOM) as a fast switch for temporally gating the detection of the emitted light. The plasma radiation is led through the active medium of the AOM where it is diffracted on the transient ultrasonic Bragg grid. The diffractedradiation is detected by a compact Czerny-Turner spectrometer equipped with a CCD line detector. Utilizing the new combination of high repetition rate lasers and AOM gated detection, rapid measurements with total integration times of only 10 ms resulted in a limit of detection (LOD) of 0.13 wt.% for magnesium in aluminum alloys. This short integration time corresponds to 100 analyses/s. Temporal gating of LIP radiation results in improved LODs and consecutively higher sensitivity of the LIBS setup. Therefore, an AOM could be beneficially utilized to temporally detect plasmas induced by high repetition rate lasers. The AOM in combination with miniaturized Czerny-Turner spectrometers equipped with CCD line detectors and small footprint diode pumped solid state lasers results in temporally gateable compact LIBS setups.
Author: Pouzar, M. ; et. al.
Čapek, L. ; Černohorský, T. ; Kaiser, J. ; Kaski, S. ; Knotek, P. ; Kratochvíl, T.
In this paper, the effect of particle size on Laser-Induced Breakdown Spectroscopy (LIBS) analysis of mesoporous V–SiO2 catalyst samples was investigated. The measurements were realized on three LIBS devices with different parameters. Concentrations of V in samples used for LIBS experiments previously determined by inductively coupled plasma-optical emission spectroscopy (ICP-OES) varied from 1.2 to 4.7 w/w%. Granulometry of silica samples was modified by two grinding methods (conventional vibration mill and cryogenic mill) and three sets of samples with different particle size distributions were obtained. Ground samples were then deposited in the form of a thin layer on the adhesive tape and analysed by LIBS. Curves describing the relationship between the vanadium concentration and the corresponding intensity of LIBS signal (C–I curves) were constructed for all three groups of samples, with different granulometry profiles measured with three different LIBS devices. The C–I curves for samples with narrow particle size distribution showed the highest values of slopes. Detection limits achieved were in the range 0.063–0.012% (w/w). The best LOD values were obtained for samples with the lowest mean particle size.
Galiová, M. ; Kaiser, J. ; Malina, R. ; Novotný, K.
Single pulse (SP) LIBS setup was modified to DP setup to achieve more accurate analytical sensitivity and spatial resolution. All parameters, like interpulse delay, acquisition delay or energy of ablation and excitation laser pulses were optimized.
F. Fortes, J. ; Hrdlička, A. ; Kaiser, J. ; Kanický, V. ; Laserna, J. J. ; Malina, R. ; Novotný, K. ; Nývltová Fišáková, M. ; Prokeš, L. ; Svoboda, J. ; Vaculovič, T.
Laser-induced breakdown spectroscopy (LIBS) and laser ablation (LA) inductively coupled plasma (ICP) mass spectrometry (MS) were utilized for microspatial analyses of a prehistoric bear (Ursus arctos) tooth dentine. The distribution of selected trace elements (Sr, Ba, Fe) was measured on a 26 mm×15 mm26 mm×15 mm large and 3 mm3 mm thick transverse cross section of a canine tooth. The Na and Mg content together with the distribution of matrix elements (Ca, P) was also monitored within this area. The depth of the LIBS craters was measured with an optical profilometer. As shown, both LIBS and LA-ICP-MS can be successfully used for the fast, spatially resolved analysis of prehistoric teeth samples. In addition to micro chemical analysis, the sample hardness was calculated using LIBS plasma ionic-to-atomic line intensity ratios of Mg (or Ca). To validate the sample hardness calculations, the hardness was also measured with a Vickers microhardness tester.
Author: Hrdlička, A. ; et. al.
Kaiser, J. ; Kanický, V. ; Malina, R. ; Novotný, J. ; Novotný, K. ; Otruba, V. ; Páleníková, K. ; Prokeš, L. ; Staňková, A. ; Vitešníková, A.
The development of a remote laser-induced breakdown spectroscopy (LIBS) setup with an off-axis Newtonian collection optics, Galilean-based focusing telescope, and a 532 nm532 nm flattop laser beam source is presented. The device was tested at a 6 m6 m distance on a slice of bone to simulate its possible use in the field, e.g., during archaeological excavations. It is shown that this setup is sufficiently sensitive to both major (P, Mg) and minor elements (Na, Zn, Sr). The measured quantities of Mg, Zn, and Sr correspond to the values obtained by reference laser ablation–inductively coupled plasma–mass spectrometry (LA-ICP-MS) measurements within an approximately 20% range of uncertainty. A single point calibration was performed by use of a bone meal standard . The radial element distribution is almost invariable by use of LA-ICP-MS, whereas the LIBS measurement showed a strong dependence on the sample porosity. Based on these results, this remote LIBS setup with a relatively large (350 mm350 mm) collecting mirror is capable of semiquantitative analysis at the level of units of mg kg-1.
Author: Proksová, K. ; et. al.
Galiová, M. ; Kaiser, J. ; Kanický, V. ; Novotný, K.
Bio-mineral structures, i.e., bones, teeth or kidney stones have been found to be excellent ""archives"" related to nutrition, living habits and exposure to changing environmental conditions. More specifically, formation of urolithic concrements (uroliths) represents specific biomineralization of living organism. Line scans of the concrement cross sections may provide information about the accumulation history of the elements of interest. Analytical Methods which can map the presence of different elements are e.g. Laser Induced Breakdown Spectroscopy (LIBS) and Laser Ablation Inductively Coupled Plasma Mass Spectrometry (LA-ICP-MS). Both of these methods have proven to be suitable for mapping the matrix elements, so further work is concerned with their use for the mapping of trace elements.
Author: Novotný, J. ; et. al.
Galiová, M. ; Kaiser, J. ; Liška, M. ; Malina, R. ; Novotný, K.
Laser-ablation based spectrochemical Analytical Methods could be used in applications in which the capability for spatially resolved analysis is required. Such analysis gives a 2-D or 3-D map of the monitored chemical elements. Here we introduce automation of a 2-D surface analysis in the laser-induced breakdown spectroscopy setup by implementation of an autofocus algorithm based on the evaluation of the image sharpness. The most suitable algorithm with respect to its speed, accuracy, and durability against digital noise is chosen by testing different gradient-based methods and methods working in the frequency domain.
Čtvrtníčková, T. ; Galiová, M. ; Kaiser, J. ; Kanický, V. ; Krásenský, P. ; Malina, R. ; Novotný, K. ; Otruba, V. ; Páleníková, K. ; Zaorálková, L.
An acoustic signal was used for the internal standardization of laser-induced breakdown spectroscopy (LIBS) of a glazed wall tile. For the LIBS analyses, 1064 nm and 532 nm wavelengths of the Nd:YAG laser were utilized. The tile was depth profiled by a single-spot ablation from the glaze into the substrate. Some lines of major elements Si(I) 252.418, Si(I) 252.851, Al(I) 257.509, Cr(I) 295.368, Al(I) 309.271 nm and Ti(II) 334.904 nm were monitored. The decrease in the optical emissions during the ablation was successfully compensated for by normalization to the square power of the acoustic signal in the interval of 290–340 nm. This approach failed for the lines between 250–270 nm. The results were the same for both lasing wavelengths despite different irradiances. The acquired profiles are in good agreement with the reference X-ray fluorescence measurement.
Author: Novotný, K. ; et. al.
Galiová, M. ; Kaiser, J. ; Kanický, V. ; Lutzký, F. ; Malina, R. ; Otruba, V.
In this study, we present orthogonal re-heating double pulse experimental system equipped with both ICCD and PMT detection and preliminary measurements of temperatures of plasmas generated on an iron sample.

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Rishi Kiran Logistics Pvt. Ltd. Vs. Board of Trustees of Kandla Port Trust & Ors.
2. The factual matrix which needs to be taken note of, for the purpose of deciding the present appeal, unfolds as under:- Respondent No. 2 herein, viz., the Board of Trustees of Kandla Port Trust (hereinafter referred to as the 'Port Trust') has number of plots, in and around Kandla Port, which are of different sizes. The Port Trust took a decision, sometime in the year 2005, to allot these plots on leasehold basis for a period of 30 years for the purpose of enabling the allottees thereof to put up the construction of liquid storage tanks. For this purpose the Kandla Port Trust issued notice inviting tenders dated 12.3.2005. The annual rent in respect of these plots was fixed at a nominal rate of Re. 1/- per plot. However, the bidders were required to submit the price bid in the form of premium in respect of the concerned plots for which they intended to bid.
The basic value of this premium was fixed at Rs. 612/- per sq. mtr. The bids were to accompany the earnest money deposit of Rs. 3 lakhs per plot. As per the prescribed procedure in such matters, the Port Trust held pre-bid meeting on 21.4.2005 wherein the terms of NIT of the bidders were explained and querries answered. The bidders were also informed that since these plots fall under Coastal Regulatory Zone (CRZ), requisite permission from the competent authority under CRZ was required which would be obtained by the Kandla Port Trust.
However, at the same time it was also made clear that any specific clearance like safety, pollution control etc. was to be obtained by the individual lessee (s). This was also reiterated vide communication dated 25.5.2005. In this letter it was also stated that the successful bidder was required to pay the premium within a period of 3 months from the issuance of formal letter of allotment or CRZ clearance whichever was earlier. One more pre-bid meeting was held on 20.6.2005 and, thereafter the last date of submitting the tender was also postponed and subsequently fixed as 11.8.2005.
3. The appellant submitted its bid in respect of Plot Nos. 14, 15 and 17. The technical bids of the bidders, including that of the appellant, were opened on 11.8.2005. Bid of the appellant was found to be technically qualified. Thereafter, price bids were opened on 30.8.2005. These bids were scrutinised by the Tender Committee of the Port Trust. Recommendations were placed before the Board of Trustees in its meeting held on 8.12.2005. It was followed by communication dated 7.1.2006 to the appellant in the form of Letter of Intent (LOI), inter alia stating that the leasehold rights in respect of Plot Nos. 14, 15 and 17 were given for a premium of Rs. 3,200/- per sq. mtrs., 3,150/- per sq. mtr. and 3,120 per sq. mtr. respectively. This communication further mentioned that the formal letter will be issued to the appellant after the receipt of CRZ clearance in general.
4. The letter of allotment to the various successful bidders went into limbo thereafter, presumably awaiting CRZ clearance. The Gandhidham Chamber of Commerce and Industry was informed about this road block by the Port Trust in response to its representation, wherein the Port Trust also requested the said Chamber of Commerce and Industry to use its good office with the Ministry of Environment and Forest, Union of India for early clearance of CRZ permission.
5. It appears that CRZ clearance was ultimately received on 16.8.2010. However, this occurred more than 5 years after the NIT dated 12.3.2005 was floated. This prolonged time lag resulted in taking decision by the Board of Trustees on 9.12.2010, in the form of Resolution No. 108, deciding to cancel the tender process started in the year 2005. This decision of the Port Trust was conveyed to the appellant vide letter dated 9.12.2010. Similar letters were written to other tenderers as well who were issued similar LOI's.
6. All these affected persons challenged the validity of Resolution No. 108 of the Port Trust by preferring Writ Petitions under Article 226 of the Constitution of India in the High Court of Gujarat. One such Writ Petition being Special Civil Application No. 286 of 2011 filed by M/s. Nikhil Adhesives Ltd. was dismissed by the High Court vide detailed reasoned judgment dated 4.2.2011. Another SCA NO. 1328 of 2011 filed by IMC Limited was also dismissed by detailed reasoned order on 7.2.2011.
When the petition of the appellant herein i.e. SCA No. 1877 of 2011 came up before the same Bench of the High Court on 10.2.2011, following the decision in the said two Writ Petitions the Court dismissed the petition of the appellant as well with one paragraph order, which reads as follows:- "Identical petitions for the same purpose and with the same prayer being Special Civil Application Nos. 286 of 2011 and 1328 of 2011 have been decided by this Court by CAV judgment dated 4.2.2011 and order dated 7.2.2011 respectively. Since no new issue is raised and the factual matrix admittedly remains the same, present petition is summarily dismissed for the reasons discussed in detail in CAV judgment dated 4.2.2011 in Special Civil Application No. 286 of 2011."
7. Appellant has challenged the aforesaid order in the present appeal.
8. We may also record at this stage that IMC limited, M/s. Nikhil Adhesive Ltd. as well as one more similarly situated person had also filed Special Leave Petitions. All these four petitions were listed and were taken together for hearing from time to time. When these matters came up for hearing 14.3.2014 other three petitioners sought permission to withdraw their Special Leave Petitions which were accordingly dismissed as withdrawn on 14.3.2014. Case of the appellant herein only remain in which we have heard the arguments in detail.
9. Before we proceed to take note of the submissions of the learned Counsel for the parties on either side, it would be better to glance through the two reasoned judgments rendered by the High Court which have been followed in the case of the appellant herein.
I. With the issuance of LOI to the successful highest bidder, a concluded contract was arrived at between the parties and, therefore, it was not permissible for the Port Trust to terminate the tender process thereafter.
II. Doctrine of promissory estoppel was applicable in as much as by its actions and conduct, the Port Trust had given a clear and unequivocal promise, with intention to create legal relation to arise in future and the Port Trust i.e. the promissory was bound by the said promise and to honour its commitment and not to back out of its obligation.
III. The action of the Port Trust, which was an instrumentality of the state being "other authority" under Article 12 of the Constitution, was arbitrary as it was not based on any rational or relevant principle. There amounted to infraction of Article 14 of the Constitution.
11. The High Court negated all the aforesaid propositions. Answering the first argument, the High Court concluded that the LOI issued by the Port Trust was just an information that the addressee (the petitioner therein) had been declared highest bidder for the plot for which it had submitted its tender. This letter further informed that formal allotment letter shall be issued after the receipt of CRZ clearance in general by Port Trust for tank forms for handling all hazardous and non- hazardous and also informing that additional CRZ clearance if required for installation, safety, pollution control etc. had to be obtained by the said petitioner, from time to time at its cost.
(I) Approximate estimation for the activity.
The petitioner was specifically informed that the said information was urgently required to be furnished to the NIOT so that the same would enable the said Institute to submit the report as early as possible for obtaining CRZ clearance in the matter. Since these informations were not supplied by the petitioner, another letter was issued by the respondent Trust on 13.5.2008 reiterating the same request to provide the said information.
"In view of the matter, it cannot be said that there was any concluded contract between the petitioner and the respondent Port Trust nor any promise was given by the respondent Port Trust to allot Plot No. 8 to the petitioner. The letter of intent issued by the respondent was merely an expression of intention and imparting an information that the petitioner stood highest bidder and on receipt of CRZ clearance, the formal letter of allotment would be issued. However, the petitioner had not cooperated in the meantime for obtaining CRZ clearance and before any formal letter of allotment is issued, the earlier tender process stood cancelled.."
12. In so far as argument based on Article 14 is concerned, the High Court found that the action on the part of the Port Trust was neither arbitrary nor malafide. Before taking the decision, the Board had sought the opinion of the Additional Solicitor General. Further, the Port Trust was within its right to take such a decision in the year 2010 keeping in mind the larger public interest. The court noted that the original tender premium in the year 2005 was fixed on Rs. 612/- per sq. mtr. whereas fresh tender premium, after the cancellation of the earlier tender process was fixed at Rs. 8358 per sq. mtrs.
13. In so far as argument of promissory estoppel is concerned the same was rejected on the ground that the LOI did not amount to any promise. Further, the petitioner had paid only Rs. 3 lakhs by way of earnest money as against the total premium amount which was 23.74 crores and was to be paid only after receipt of the said CRZ clearance, which amount was never paid.
14. The reading of the judgment in IMC Limited case would reveal that the Counsel for the petitioner in that case had argued that their case was distinguishable from the case of Nikhil Adhesives Limited on facts. Endeavour was made to demonstrate that in so far as the petitioner in IMC is concerned, it had supplied all the requisite details promptly and because of this reason the Port Trust had not issued any letters to them alleging default on their part in furnishing the details.
Therefore, it could not be held responsible for delaying the tender process. It was, thus, argued that there was a concluded contract in their case and not a contingent one. Further, in any case the only contingency at the time of issuing LOI was the clearance of CRZ authorities which also was granted subsequently. In view of aforesaid argument, the court went into the specific question as to whether there was already a concluded contract between the parties. This issue has been answered against the petitioner in the said case holding that merely a Letter of Intent was issued and this expressed an intention of the parties to enter into a contract but no concluded contract ultimately fructified nor there was any promise given by the Port Trust.
The Court reproduced the following discussion from its earlier judgment in Nikhil Adhesives Limited: "The letter of intent issued by the respondent Port Trust on 12.1.2006, at best, can be said to be an agreement to issue the allotment letter and to execute the lease document in favour of the petitioner subject to fulfilment of certain conditions. However, in absence of issuance of allotment letter, the said letter of intent cannot be enforced in the court of law. The Apex Court in Dresser Rand S.A. v. Bindal Agro Chem Limited and others (supra) clearly stated that a letter of intent merely indicates a party's intention to enter into a contract with the other party in future. Such a letter of intent is not intended to bind either party ultimately to enter into any contract. Even in Speech & Software Technologies (India) Pvt. Ltd. v. Neos Interactive Limited (Supra), the Apex Court clearly held that an agreement to enter into an agreement is not enforceable nor does it confer any right upon the parties."
15. Before us as well, edifice of the case was sought to be erected on the same three pillars by Mr. Vikas Singh, learned Senior Counsel for the appellant. Therefore, we propose to straightaway go into these three aspects of the case and while discussing the same, we would take note of the arguments which were advanced by both the sides on these propositions.
I WHETHER DECISION CONTAINED IN RESOLUTION NO. 108 DATED 9.12.2010 IS ARBITRARY AND MALAFIDE.
16. Few facts, leading to this impugned Resolution, which need to be recapitulated are the following:- Tenders for allotment of plots on leasehold basis were floated on 12.3.2005. After receiving bids and evaluating technical as well as price bids respectively, the Tender Committee had recommended the cases for allotment of plots. In so far as the appellant is concerned in respect of all the three plots bearing No. 14, 15 and 17, LOI was issued after the Board agreed to accept the recommendations of the Tender Committee in its meeting held on 8.12.2005. However, in the LOI it was made clear that formal letter of allotment will be issued after receiving the CRZ clearance in general and if any further CRZ clearance was required for installation, safety, pollution etc. the same was to be obtained by the appellant.
The Port Trust applied to the Ministry of Environment, Government of India for such permission. However, for one reason or the other, this permission/ clearance was not forthcoming. Even when Ghandhidham Chamber of Commerce and Industry wrote to the Port Trust, on behalf of these allottees who were issued LOI's and were waiting for formal letter of allotment, in reply the Port Trust had requested the said Chamber of Commerce and Industry to also use its good offices with the Ministry of Environment and Forests for early clearance of CRZ permission. It is a matter of record that for more than 5 years the clearance had not been granted and came to be granted only on 16.8.2010. By that time significant change had occurred from the date of the issuance of the NIT in March, 2005.
The prices of the property had taken quantum jump. Though in the NIT premium was fixed on Rs. 612/- per sq. mtr., it was more than Rs. 8,000/- per sq. mtr. in 2010. In this backdrop the Port Trust wanted to take a decision as to whether it could go for fresh tenders. It is more than obvious that larger public interest demanded fresh tender process in order to receive maximum amount as the premium of Rs. 612/- per sq. mtr originally fixed and even the quotation of Rs. 3,000/- and odd of the appellant which were found to be highest, was far below the marked rate.
Further, even when total premium amount to be paid by the appellant was to the tune of several crores for each plot at which LOI was issued in the year 2006, the appellant had paid only Rs. 3 lakhs by way of EMD in each case. No further amount was paid for want of final allotment letter. However before taking a final decision in the matter, the Port Trust sought legal opinion specifically on the point as to whether it would be prudent to cancel 2005 tender process and start fresh process so as to fetch the realistic marked price in accordance with present market value of the land. Based upon the expert legal opinion i.e. there was no legal impediment in cancellation of the tender process, the decision was taken by the Port Trust to cancel the earlier tender process and to start fresh process.
17. On the aforesaid facts there is hardly any scope for argument that the decision of the Port Trust is arbitrary. It is based on valid considerations. We have to keep in mind that while examining this aspect we are in the realm of administrative law. The contractual aspect of the matter has to be kept aside which would be examined separately while dealing with the issue as to whether there was a concluded contract between the parties. This distinction is lucidly explained in Kisan Sehkari Chini Mills & Ors. v. Vardan Linkers & Ors.; (2008) 12 SCC 500. Keeping in mind this distinction between the two, we are not required to bring in the contractual elements of the case while dealing with the administrative law aspects.
18. When competing claims are private interest v. public interest, then in the case of disposal of public property the question would be whether the right of the person, who has earned the right to the public property in a public auction, is to be preferred over the right of the public in ensuring that valuable public assets were not disposed of except for a fair price and in a fair and transparent manner. Whether this court should, in judicial review, sit in judgment over the decision of a public body which is of the view that it need not go further ahead with the tender process. It is true if such a decision is taken without any reasons to support it or mere ipsi dixit it would be arbitrary. In this case there are reasons. The High Court analysed the reasons and has taken the view that those reasons are valid. In our view in matters particularly to the disposal of valuable assets by the State when the State seeks to explore the possibility of getting higher price.
19. The guiding principles in such cases can be noted from the judgments discussed hereinafter. In Meerut Development Authority v. Assn. of Management Studies; (2009) 6 SCC 171, the decision related to disposal of public property by an instrumentality of the State. In the said context, the Court inter alia held as follows: "26. A tender is an offer. It is something which invites and is communicated to notify acceptance. Broadly stated it must be unconditional; must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations.
The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor made to suit the convenience of any particular person with a view to eliminate all others from participating in the biding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda.
One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations.
It is so well settled in law and needs no restatement at our hands that disposal of the public property by the State or its instrumentalities partake the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reason, such as, the highest bid not representing the market price but there cannot be any doubt that the Authority's action in accepting or refusing the bid must be free from arbitrarinesses or favouritism."
20. Lucid enunciation on the scope of judicial review of administrative action, that too in tender matters can be found in Tata Cellular v. Union of India (1994 (6) SCC 651), where following discussion is worthy of extraction: "70. It cannot be denied that the principles of judicial review would apply to the exercise of contractual powers by Government bodies in order to prevent arbitrariness or favouritism. However, it must be clearly stated that there are inherent limitations in exercise of that power of judicial review. Government is the guardian of the finances of the state. It is expected to protect the financial interest of the State.
(i) Whether a decision making authority exceeded its powers?
(i) Illegality: This means the decision maker must understand correctly the law that regulates his decision making power and must give effect to it.
(ii) Irrationally, namely Wednesbury unreasonableness.
(iii) Procedural impropriety. The above are only the broad grounds but it does not rule out addition of further grounds in course of time. As a matter of fact in R.V. Secretary of State for the Home Department, ex Brind Lord Diplock (1991) 1 AC 694, Lord Diplock refers specifically to one development namely, the possible recognition of the principle of proportionality. In all these cases the test to be adopted is that the court should "consider whether something has gone wrong of a nature and degree which requires its intervention." Two other facets of irrationality may be mentioned.
i) It is open to the court to review the decision maker's evaluation of the facts.
The court will intervene where the facts taken as a whole could not logically warrant the conclusion of the decision maker. If the weight of facts pointing to one course of action is overwhelming, then a decision the other way cannot be upheld. Thus, in Emma Hotels Ltd. v. Secretary of State for Environment (1980) 41 P & * CR 255; the Secretary of State referred to a number of factors which led him to the conclusion that a non resident's bar in a hotel was operated in such a way that the bar was not an incident of the hotel use for planning purposes, but constituted a separate use.
The divisional court analysed the factors which led the Secretary of State to that conclusion and, having done so, set it aside. Donaldson, L.J. Said that he could not see on what basis the Secretary of State had reached his conclusion. ii) A decision would be regarded as unreasonable if it is impartial and unequal in its operation as between different classes. On this basis in R.V. Barnet London Borough Council, ex. P. Johnson 35 (1989) 88 LGR 73 the condition imposed by a local authority prohibiting participation by those affiliated with political parties at events to be held in the authority's parks was struck down."
21. In Tejas Constructions and Infrastructure (P) Ltd. v. Municipal Council, Sendhwa & Anr.; 2012 (6) SCC 464, the Court was dealing with the case of challenge to the awarding of contract to the 2nd respondent in the writ petition on the ground that he had not complied with eligibility requirements in NIT. Paragraph 17 of that case reads as follows: "In Raunaq International Ltd. v. IV.R. Construction Ltd. (1999) 1 SCC 492, this Court reiterated the principle governing the process of judicial review and held that the writ court would not be justified in interfering with commercial transaction in which the State is one of the parties to the same except where there is substantial public interest involved and in cases where the transaction is mala fide."
22. In so far as argument of malafides is concerned, apart from bald averment, there are no pleadings and there is not even a suggestion as to how the aforesaid decision was actuated with malafides and on whose part. Even at the time of arguments Mr. Vikas Singh did not even advert to this aspect. In fact, the entire emphasis of Mr. Vikas Singh was that since there was a concluded contract between the parties, cancellation of such a contract amounted to arbitrariness.
As already pointed out above that can hardly be a ground to test the validity of a decision in administrative law. For the sake of argument, even if you presume that there a concluded contract, mere termination thereof cannot be dubbed as arbitrary. A concluded contract if terminated in a bonafide manner, that may amount to breach of contract and certain consequences may follow thereupon under the law of contract. However, on the touch stone of parameters laid down in the administrative law to adjudge a decision as are arbitrary or not, when such a decision is found to be bonafide and not actuated with arbitrariness, such a contention in administrative law is not admissible namely how and why a concluded contract is terminated.
23. We, therefore, reject this contention of the appellant.
II WHETHER DOCTRINE OF PROMISSORY ESTOPPEL APPLIES.
"23. If the dispute was considered as purely one relating to existence of an agreement, that is whether there was a concluded contract and whether the cancellation and consequential non- supply amounted to breach of such contract, the first respondent ought to have approached the civil court for damages. On the other hand, when a writ petition was filed in regard to the said contractual dispute, the issue was whether the Secretary (Sugar), had acted arbitrarily or unreasonably in stying the operation of the allotment letter dated 26.3.2004 or subsequently cancelling the allotment letter.
In a civil suit, the emphasis is on the contractual right. In a writ petition, the focus shifts to the exercise of power by the authority, that is, whether the order of cancellation dated 24.4.2004 passed by the Secretary (Sugar), was arbitrary or unreasonable. The issue whether there was a concluded contract and breach thereof becomes secondary. In exercising writ jurisdiction, if the High Court found that the exercise of power in passing an order of cancellation was not arbitrary and unreasonable, it should normally desist from giving any finding on disputed or complicated questions of fact as to whether there was a contract, and relegate the petitioner to the remedy of a civil suit.
Even in cases where the High Court finds that there is a valid contract, if the impugned administrative action by which the contract is cancelled, is not unreasonable or arbitrary, it should still refuse to interfere with the same, leaving the aggrieved party to work out his remedies in a civil court. In other words, when there is a contractual dispute with a public law element, and a party chooses the public law remedy by way of a writ petition instead of a private law remedy of a suit, he will not get a full fledged adjudication of his contractual rights, but only a judicial review of the administrative action. The requisition whether there was a contract and whether there was a breach may, however, be examined incidentally while considering the reasonableness of the administrative action.
But where the question whether there was a contract, is seriously disputed, the High Court cannot assume that there was a valid contract and on that basis, examine the validity of the administrative action. In this case, the question that arose for consideration in the writ petition was whether the order dated 24.4.2004 passed by the Secretary (Sugar), cancelling the allotment letter dated 26.3.2004 was arbitrary and irrational or violative of any administrative law principles. The question whether there was a concluded contract or not, was only incidental to the question as to whether cancellation order dated 24.4.2004 by the Secretary (Sugar), was justified. As the case involved several disputed questions in regard to the existence of the contract itself, the High Court ought to have referred the first respondent to a civil court. But the High Court in exercise of its writ jurisdiction, proceeded as if it was dealing with a pure and simple civil suit relating to breach of contract."
25. Having noted the conceptual aspect of the doctrine of promissory estoppel, let us consider as to whether the appellant can successfully invoke this principle in the present case? For this, let us recapitulate the salient features of this case having bearing on this issue. Apart from paying EMD of Rs. 3 lakhs alongwith tender documents, the appellant did nothing more and in fact, no occasion for the same even occurred in the present case. As stated above LOI was issued but it clearly mentioned that the total premium amount in respect of each of the three plots (which runs into several crores in each case) was not to be paid on the issuance of said LOIs. Reason for this was that formal LOI or leased documents were to be executed only after the CRZ clearance.
For this reason it was specifically mentioned in the LOI itself that the premium amounts were to be paid by the appellant only after the receipt of CRZ clearance in general and after issuance of allotment letter as well as individual CRZ clearance and on execution of these documents. Before these events could happen, the Port Trust decided to cancel the entire process. Thus, except making payment of Rs. 3 lakhs by way of earnest money the appellants did not incur any other expenses or suffered any liabilities or took any steps to implement the project of construction and maintenance of the tanks. The High Court has, therefore, rightly remarked that even if it is assumed that issuance of LOI tantamounted to a promise given by the Port Trust, the appellants did not alter its position to its prejudice pursuant thereto to such an extent which could inspire the court to take the decision that holding the promisor to its representation is necessary to do justice between the parties.
26. In MP Mathur & Ors. v. OIC & Ors.; 2006 (13) SCC 706 it is held that once the public interest is accepted as the superior equity which can override individual equity, the principle would be applicable. If there is a supervening public equity, the Government would be allowed to change its stand and has the power to withdraw from representation made by it which induced persons to take certain steps which may have gone adverse to the interest of such persons on account of such withdrawal. Merely because the resolution was announced for a particular period, it did not mean that the Government could not amend and change the policy under any circumstances. If the party claiming application of doctrine acted on the basis of a notification, it should have known that such notification was liable to be amended or rescinded at any point of time, if the Government felt that it was necessary to do so in public interest. This contention of the appellant, therefore, is equally devoid of any merits.
27. We have already indicated above that the of the doctrine of fairness as well as promissory estoppel are in the realm of administrative law, whereas the issue as to whether a concluded contract was entered into between the parties and if so, the question of enforcement of such a contract would be in the field of law of contract. Bearing in mind this distinction becomes more important as the High Court was dealing with the petition filed by the appellant under Article 226 of the Constitution.
28. Before proceeding further in the matter we would again like to discuss the judgment of this court in Kisan Sahkari Chini Mills Ltd. & Ors. (Supra) which has been earlier referred to. This case unambiguously explains the approach which the High Court will have in such a petition filed under Article 226 of the Constitution, dealing with the arguments predicated on contractual aspects. In that case there were six State controlled sugar mills in Uttaranchal State which produced molasses. Sale of molasses by them was controlled by the Molasses Sale Committee (MSC) constituted by the State Government.
A tender notice was published by the appellant sugar mill inviting offers from bona fide consumers for purchase of molasses from the other five sugar mills. The tenders were to be submitted to the ACC in accordance with the conditions specified in the tender notice. The proceedings in regard to the tenders received culminated in an order from the ACC permitting the respondent to lift 85,000 quintals of molasses from the five sugar mills at a price of Rs. 127 per quintal. Around that time, the State Government received several reports that the prevailing price of molasses was much higher. The Secretary, Cane Development and Sugar Industries (Secretary (Sugar)) therefore, stayed the operation of ACC's order. The respondent then approached the High Court by a writ petition seeking a direction for continuance of supply of the entire quantity of 85,000 quintals of molasses to it. By an interim order, the High Court directed the State Government to decide the respondent's claim after hearing the respondent. Pending such decision, the High Court permitted the respondent to lift up to 20,000 quintals of molasses. After hearing the respondent, the Secretary (Sugar) held that there was no valid contract for supply of molasses to the first respondent and that, therefore, the allotment letter issued by the ACC was without any authority.
Consequently he cancelled the same. Aggrieved by the interim order of the High Court to supply 20,000 quintals of molasses to the respondent, the appellants approached the Supreme Court which in turn, set aside that interim order and permitted the respondent to amend the writ petition to challenge the order of the Secretary (Sugar). The respondent amended its writ petition accordingly. During the hearing, certain disputed facts cropped up. The High Court called the managers of two of the sugar mills and put some questions to them and recorded their statements. The High Court reached the conclusion that there was a concluded contract between the five sugar mills and the respondent for sale of 85,000 quintals of molasses at a price of Rs. 127 per quintal.
Thereafter, it held that having regard to the doctrines of part performance, legitimate expectation, estoppel and acquiescence, the cancellation of the allotment letter issued by ACC was unsustainable. Therefore, the High Court quashed the order of the Secretary (Sugar) and directed that the respondent should be allowed to lift 85,000 quintals of molasses less the quantity already lifted. The said judgment of the High Court was challenged in these appeals.
(ii) Whether the High Court was justified in quashing the order of the Secretary (Sugar)?
This court answered the aforesaid questions in the negative and set aside the judgment of the High Court holding that ordinarily, the remedy available for a party complaining of breach of contract lies for seeking damages. He would be entitled to the relief of specific performance, if the contract was capable of being specifically enforced in law. The remedies for a breach of contract being purely in the realm of contract are dealt with by civil courts. The public law remedy, by way of a writ petition under Article 226 of the Constitution, is not available to seek damages for breach of contract or specific performance of contract. However, where the contractual dispute has a public law element, the power of judicial review under Article 226 may be invoked. It is clear that the aforesaid case is closest to the facts of the present case.
29. It thus stands crystalised that by way of writ petition under Article 226 of the Constitution, only public law remedy can be invoked. As far as contractual dispute is concerned that is outside the power of judicial review under Article 226 with the sole exception in those cases where such a contractual dispute has a public law element.
30. We have already held that the impugned decision of the Port Trust was not arbitrary, unreasonable or malafide and further that the doctrine of promissory estoppel has no application in the present fact situation.
"37. In our opinion, this limited areas of dispute can be settled by looking into the terms of the contract of insurance as well as the export contract, and the same does not require consideration of any oral evidence or any other documentary evidence other than what is already on record. The claim of the contesting parties will stand or fall on the terms of the contracts, interpretation of which, as stated above, does not require any external aid."
32. At the same time, as already noted in Kisan Sahkari (Supra) this court had taken a view that where the question whether there was a contract or not is seriously disputed, the court is not to assume that there was a valid contract and on that basis examined the validity of the administrative action. Therefore, keeping in view the aforesaid understanding of the law, a very limited inquiry on this aspect is permissible.
33. Having considered the matter from this limited angle in exercise of powers of judicial review, we are of the view that on the facts of this case, no interference is required. Case of the appellant is that with the issuance of LOI a concluded contract was entered into. He had submitted that only CRZ clearance was required and even if LOI, which amounted to acceptance of the author given by the appellant in his bid was contingent based on CRZ clearance, even that clearance was granted by the competent authority ultimately. However, what is lost sight, in the entire process is that the said clearance was delayed by a period of 5 years. Because of that neither any final LOI could be issued, nor possession of the plots given or the payments received. It is also to be borne in mind that apart from general CRZ clearance, specific clearances on individual basis in this behalf were also to be obtained.
34. At this juncture, while keeping the aforesaid pertinent features of the case in mind, we would take note of the 'Rules and Procedure for Allotment of Plots' in question issued by Kandla Port Trust. As per clause 12 thereof the Port Trust had reserved with itself right of acceptance or rejection of any bid with, specific stipulation that mere payment of EMD and offering of premium will not confer any right or interest in favour of the bidder for allotment of land. Such a right to reject the bid could be exercised 'at any time without assigning any reasons thereto'. Clause 13 relates to 'approvals from statutory authorities', with unequivocal assertion therein that the allottees will have to obtain all approvals from different authorities and these included approvals from CRZ as well.
As per clause 16, the allotment was to be made subject to the approval of Kandla Port Trust Board/ Competent Authority. In view of this material on record and factual position noted in earlier paras we are of the opinion that observations in the case of Dresser Rand S. A. v. M/s. Bindal Agro Chem. Ltd. & Anr.; AIR 2006 SC 871, would be squarely available in the present case, wherein the court held that a letter of intent merely indicates a parties intention to enter into a contract with the other party in future. A letter of intent is not intended to bind either party ultimately to enter into any contract. It is no doubt true that a letter of intent may be construed as a letter of acceptance if such intention is evident from its terms.
It is not uncommon in contracts involving detailed procedure, in order to save time, to issue a letter of intent communicating the acceptance of the offer and asking the contractor to start the work with a stipulation that a detailed contract would be drawn up later. If such a letter is issued to the contractor, though it may be termed as a letter of intent it may amount to acceptance of the offer resulting in a concluded contract between the parties. But the question whether the letter of intent is merely an expression of an intention to place an order in future or whether there is a final acceptance of the offer thereby leading to a contract, is a matter that has to be decided with reference to the terms of the letter.
When the LOI is itself hedged with the condition that the final allotment would be made later after obtaining CRZ and other clearances, it may depict an intention to enter into contract at a later stage. Thus, we find that on the facts of this case it appears that a letter with intention to enter into a contract which could take place after all other formalities are completed. However, when the completion of these formalities had taken undue long time and the prices of land, in the interregnum, shot up sharply, the respondent had a right to cancel the process which had not resulted in a concluded contract.
35. We would also like to record here that Mr. Salve, learned Senior Counsel appearing for the respondent had submitted with vehemence that the case of the appellant herein was same as that of Nikhil Adhesives Ltd. in as much as even the appellant was responsible for contributing to the delay in obtaining the permission. Mr. Vikas Singh had attempted to refute this submission. However, we find that even when the High Court in the impugned order specifically referred to the decision in the case of Nikhil Adhesives Limited and observed that factual matrix remains the same, there is no pleading or ground in the SLP to the effect that the said judgment is not applicable to the case of the appellant as the appellant had submitted all requisite documents or obtaining the CRZ clearance and there was no delay on his part. However, since we are dismissing the appeal on merits, it is not necessary to dwell on this aspect any further.
36. We again emphasise that the issue of the argument of their being a concluded contract is raised in a petition filed under Article 226 of the Constitution and not by way of suit. The issue whether there was a concluded contract and breach thereof become secondary and is examined by us with that limited scope in mind. In such proceedings main aspect which has to be is as to whether impugned decision of the Port Trust was arbitrary or unreasonable. It is also important to remark that in a given case even if it is held that there was a concluded contract, whether specific performance can be ordered or not would be a moot question in writ proceedings. The appellant took the calculated risk in not going to the civil court and choosing to invoke extraordinary jurisdiction of the High Court, which is also discretionary in nature.
37. The outcome of the aforesaid discussion would be to hold that there is no merit in this appeal which is accordingly dismissed with costs.

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On December 20, 2017, Petitioner Jermar Stewart (a/k/a Jamal Stewart) filed a Motion to Vacate ("Motion") under 28 U.S.C. § 2255, claiming that he is entitled to habeas relief pursuant to Mathis v. United States. 136 S.Ct. 2243 (2016) and United States v. Simmons. 649 F.3d 237 (4th Cir. 2011). ECF No. 443. The Government responded, indicating that the Motion is time-barred. ECF No. 444. The Court advised Petitioner that the Motion would be dismissed as untimely unless Petitioner provided information establishing he is entitled to the benefit of the exceptions provided in 28 U.S.C. § 2255 or is otherwise entitled to an equitable tolling of the statute of limitations. ECF No. 446. Petitioner has not replied. For reasons set forth herein, the Motion is denied and dismissed.
On May 15, 2009, Petitioner pleaded guilty to Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances, in violation of 21 U.S.C. § 846. ECF No. 151. On August 10, 2009, Petitioner was sentenced to a term of 262 months in prison pursuant to a Rule 11(c)(1)(C) plea agreement. ECF Nos. 198, 199. Petitioner filed an appeal, which the Fourth Circuit affirmed in part and dismissed in part by judgment entered on March 17, 2011. United States v. Stewart. 417 Fed.Appx. 306 (4th Cir. 2011); ECF Nos. 201, 285. Specifically, the Fourth Circuit affirmed Petitioner's conviction and dismissed the appeal of his sentence. Id. at 307.
In order for Petitioner's Motion to be timely under § 2255(f)(1), it must have been filed within one year of final judgment. When a defendant files a direct appeal, the judgment of conviction becomes final when the Supreme Court denies a petition for a writ of certiorari or when the time for filing a certiorari petition expires. Clay v. United States. 537 U.S. 522, 527 (2003); United States v. Under. 552 F.3d 391, 396 (4th Cir. 2009).
Here, Petitioner filed a direct appeal to the Fourth Circuit and his judgment of conviction became final on June 17, 2011, when the ninety-day time period for filing a certiorari petition to the Supreme Court expired. As a result, the § 2255(f)(1) limitations period expired one year later, on June 17, 2012. Petitioner, however, did not file the instant Motion until more than five years later, on December 20, 2017. Therefore, Petitioner's Motion is untimely under § 2255(f)(1).
Moreover, the Motion is not timely under any other provisions of § 2255(f). Petitioner's claim does not involve alleged unconstitutional governmental action, as required by § 2255(f)(2), nor does it allege new facts that could not have been previously discovered through the exercise of due diligence, to satisfy § 2255(f)(4). And, because Petitioner does not rely on a right that was "newly recognized" by the Supreme Court, he likewise cannot rely on § 2255(f)(3) to justify the late filing of his Motion.