SC dismisses Centre’s curative petition on GMR Group’s airport management contract
- In Reports
- 11:08 PM, Sep 27, 2024
- Myind Staff
The Supreme Court recently dismissed a curative petition submitted by the Union government and the Airports Authority of India (AAI) regarding its 2022 judgment. This ruling permitted the GMR Group to manage and operate Nagpur’s Babasaheb Ambedkar International Airport.
Solicitor General Tushar Mehta, representing the Union government, addressed a four-judge bench led by Chief Justice Dhananjaya Y. Chandrachud. He stated that after a “dispassionate” review of the case—as previously requested by the court—there were no valid grounds to pursue the curative petition. Mehta concluded that there was no basis under the curative jurisdiction to contest the earlier ruling.
Mehta clarified that while there was a prior view suggesting that a claim of bias could be pursued, he firmly believed that such a ground could never be applied against an order of the Supreme Court. He also emphasised that he did not consult the government regarding this matter, as his responsibility was to provide an independent opinion to the court.
The bench, which included Justices Sanjiv Khanna, Bhushan R. Gavai, and J.K. Maheshwari, recognised Mehta’s professional stance and concluded the proceedings. They noted that the curative petition failed to meet the stringent criteria necessary for such cases, which include claims of bias, lack of hearing, or any similar grounds.
Senior counsel Abhishek Manu Singhvi represented GMR Airports in the case. The original dispute began in May 2022 when the Supreme Court upheld a ruling from the Bombay High Court that favoured GMR Airports in a lengthy legal battle. MIHAN India Ltd (Multi-Modal International Cargo Hub and Airport at Nagpur), a joint venture responsible for managing the Nagpur airport project, sought to cancel a contract awarded to GMR in 2019 for the airport's upgradation and operation. MIHAN contended that the bid acceptance letter issued to GMR in March 2019 was not a formal award of the contract; however, the High Court dismissed this claim, deeming the cancellation of the contract unjustified.
In its 2022 judgment, the Supreme Court agreed with the Bombay High Court, stating that government-awarded contracts must adhere to principles of fairness and equality, thereby upholding the decision to reinstate GMR’s contract. The bench at that time, consisting of Justices Vineet Saran (now retired) and J.K. Maheshwari, noted that the High Court’s order was grounded in sound reasoning and legal analysis. “We are of the considered opinion that the findings recorded by the High Court allowing the writ petition are in accordance with law. Those findings do not suffer from any illegality, warranting interference by this court in the exercise of the power under Article 136 of the Constitution of India,” the bench ruled.
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