The Supreme Court on
Tuesday directed the Civil Aviation Ministry to submit file notes related to
the annulment of the tender process for the Babasaheb Ambedkar International
Airport in Nagpur. The order comes as part of the ongoing legal battle
involving the Ministry, the Airports Authority of India (AAI), and the GMR
Group, which has been vying to operate the airport.
The legal dispute traces
back to a decision by the Maharashtra government in 2020 to cancel the tender
process that had initially awarded the contract to GMR Group for the
upgradation and operation of the Nagpur airport.
GMR,
which emerged as the highest bidder in 2019, challenged the cancellation in the
Bombay High Court. The High Court ruled in favour of GMR, describing the
government’s action as “arbitrary and unfair”. This decision was upheld by the
Supreme Court in May 2022, when it dismissed the appeals filed by the Central
government, the Maharashtra government, and the AAI against the High Court’s
ruling.
The
current proceedings are based on curative petitions filed by the Ministry and
the AAI against the Supreme Court’s earlier judgment in favour of GMR. In
February, the Court agreed to review and hear these petitions in detail.
A
special bench led by Chief Justice DY Chandrachud has now asked the government
to place on record by Friday the file related to the annulment decision, which
was previously challenged before the Bombay High Court.
Solicitor
General Tushar Mehta, representing the Centre and the AAI, argued that the
Bombay High Court delivered its judgment without involving the AAI or the
government as parties to the case. He emphasised that the AAI performs sovereign
functions on behalf of the state, with certain operations at airports
outsourced to private entities under the operation, management, and development
agreement (OMDA). Mehta contended that crucial functions such as emigration,
security, and customs remain under state control, making the Centre and the AAI
necessary parties in such legal matters.