Supreme Court Agrees To Hear Airports Authority's Curative Petition Against Judgment Upholding GMR's Rights Over Nagpur Airport

During today's hearing, the union government emphasised its pivotal role in airport affairs falling under its jurisdiction, asserting that it had been unjustly excluded from previous legal deliberations. Solicitor General Tushar Mehta underscored the indispensability of the union's involvement in cases pertaining to airport operations, in defence of the request to reopen the case. Conversely, Senior Advocate Abhishek Manu Singhavi, representing GMR Group, pointed to the government's substantial stake in MIHAN to argue that it was adequately represented in prior legal proceedings.

"We will list it for a more detailed consideration," Chief Justice Chandrachud said after hearing the submissions of the parties. Accordingly, he pronounced -

"During the course of the hearing, it has been urged by the Airports Authority of India and the union government that the curative petition would meet the parameters spelt out in this court's judgment in Rupa Ashok Hurra since the judgment of the high court, which has been affirmed by this court, has arrived at conclusions and findings without either the AAI or the Union being impleaded as parties to the proceedings [despite] having a vital stake...The respondent, on the other hand, has pointed out that the curative petition does not meet the Rupa Hurra parameters. It has been urged that AAI, which has a 26 percent shareholding in MIHAN, was before the high court and duly heard. We are of the considered view that all aspects should be deferred to a hearing, including on the question of merits. We accordingly direct that the proceedings be listed after two weeks on a miscellaneous day so that parties can be heard before a final conclusion is arrived at this by court."

Background

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