REGENT COMPUTRONICS PVT. LTD.

Mahesh.G. Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

JUDGEMENT

(1.) The above writ petitions, filed at different points of time over a period of one year, essentially challenge the leasing out of Thiruvananthapuram International Airport ('TIA' - this and the other abbreviations made hereafter are followed throughout the judgment, for brevity) as carried out by Airport Authority of India ('AAI'), in pursuance of the policy of the Central Government to bring in Public Private Participation('PPP'). The petitioners are the State of Kerala ('State'),the Kerala State Industrial Development Corporation ('KSIDC') and individuals from various walks of life, both on public and private interest, raising grounds, some of which are identical. Another Division Bench found the writ petitions to be not maintainable since the dispute was one between the State and the Government of India ('GoI'), the resolution of which was within the original jurisdiction of the Supreme Court under Article 131 of the Constitution of India. The Hon'ble Supreme Court in a series of Civil Appeals filed by the State and one filed by one of the petitioners, set aside the judgment dated 18.12.2019 of the Division Bench and remitted the matter for consideration on merits. The effect of Article 131 was left open.

(2.) We shall first notice the writ petitions and the reliefs prayed for, in the order in which they were filed. W.P(C) No.2224 of 2019 filed by two individuals, claiming to be frequent fliers and users of TIA, seek to protect their fundamental right to travel and assert their private rights. The prayer in the said writ petition is to declare the Request For Proposal ('RFP') issued by the AAI as ultra vires the provisions of the Airports Authority of India Act, 1994 ['AAI Act'] and to forbear from entrusting TIA to any private entity. Though the writ petition was filed first in time and an interim order was declined by a learned Single Judge on 25.02.2019, the further proceedings were not challenged; nor was the successful bidder impleaded.

(3.) The next writ petition filed was W.P(C) 5482 of 2019, by the Union of Employees of the Calicut Airport, which challenged the Cabinet (Central) approval for leasing out six Airports dated 8.11.2018 and also the RFP. The said writ petition incorporated a challenge against the leasing out of all the six Airports, but the individual RFPs are not produced or challenged. Subsequently, an amendment was made raising a challenge against the Cabinet decision dated 03.07.2019 produced as Exhibit P14, which was not a decision affecting TIA because it dealt with three other Airports.

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MAHESH.G. Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

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