SC disposes of curative plea vs GMR group's Nagpur airport operation
This story was originally published at 13:09 IST on 27 September 2024
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--Govt to SC: Won't press plea on GMR group operating Nagpur airport
--CONTEXT: SC hearing govt, AAI's curative plea in Nagpur airport case
--SC disposes of curative plea vs GMR group's Nagpur airport operation
NEW DELHI – The Supreme Court today disposed of the government and the Airport Authority of India's curative pleas against its earlier order of allowing the GMR group to upgrade and operate Nagpur's Dr Babasaheb Ambedkar International Airport. The top court's order came after the government and the airport authority said that they are not pressing their curative petitions in the apex court.
Last month, the top court had asked the views of Solicitor General of India Tushar Mehta regarding the case. Today, the Bench led by Chief Justice D.Y. Chandrachud noted Mehta's stand in his professional judgement issues in curative does not fall under the threefold parameters of bias, absence of hearing and any other grounds. "Thus we note that curative plea is not pressed before the court, but observation in para 51 of the judgment(earlier order) that AAI or Union are not necessary parties would not be the correct position in law," Chief Justice Chandrachud said.
In 2019, GMR emerged as the highest bidder in the tender process conducted by MIHAN India Ltd, a joint venture between the Maharashtra Airport Development Company and the Airports Authority of India. However, the Maharashtra government decided to annul the tender in March 2020. In 2021, the high court quashed the state government’s order and asked MIHAN to execute the agreement signed with GMR.
In 2022, the apex court upheld the high court's decision. In May 2023, the top court dismissed the Centre's review petition against its verdict. Challenging this, the government and the Airports Authority had moved the apex court through curative pleas.
The government had earlier said the curative petitions would meet the parameters which have been spelt out by its earlier judgements since the high court’s order, which has been affirmed by the top court, has arrived at conclusions and findings without either the Airports Authority or the Union of India being impleaded as parties to the proceedings.
GMR group said curative petitions in the present case do not meet the parameters which have been spelt out in the apex court's earlier judgements. MIHAN India, in which AAI holds 26%, was before the high court and duly heard before the judgement was delivered, said the GMR group.
At 1127 IST, shares of GMR Airports Infrastructure Ltd traded 0.8% higher at 94.86 rupees on the National Stock Exchange. End
IST, or Indian Standard Time, is five-and-a-half hours ahead of GMT
Reported by Surya Tripathi
Edited by Deepshikha Bhardwaj
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