A. PALANISAMY Vs. AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the impugned tender notification issued dated nil November 2020 issued by the first respondent for Leasing of land for establishing Flying Training Organisations (FTOs) on Design, Build, Operate, Maintain and Transfer Basis (DBOMT) at Salem Airport at Belagavi, Jalgaon, Kalalburgi, Khajuraho, Lilabari and Salem Airport and consequently direct the respondents to allot the land in the developed area for establishing one Flying Training Organisation (FTO) out of two earmarked for Salem Airport. Brief facts leading to the filing of this writ petition:

(2.) The petitioner claims that he is an Engineering graduate and proprietor of M/s.Polynex, Bangalore which is an indigenous MSME (Micro Small and Medium Enterprises) aviation spare parts manufacturing industry. The petitioner claims that he is manufacturing several Military applications certified components and supplies to M/s.HAL (Hindustan Aeronautical Limited) and to the Navy Navel Base at Cochin. According to the petitioner, he owns 7.5 acres of land in Pottypuram Village, Salem, near Salem Airport. According to him, the said land was purchased with an intention of having a Flying School and a private MRO industry. According to the petitioner, the land acquisition officer, Salem has issued a notice to acquire a portion of the petitioner's land measuring an extent of 2.75 acres for the expansion of the Salem Airport. It is the contention of the petitioner that a land pooling scheme was announced by the respondents, by which, the respondents will provide 70% of lands acquired after development to the owner of the land whose lands have been acquired subject to the condition that the owner surrenders the acquired land to the respondents free of cost.

(3.) It is the case of the petitioner that by letter dated 25.09.2020, the District Collector has also recommended to the respondents for providing an alternate site in the developed area in lieu of the land belonging to the petitioner measuring 2.75 acres which is being acquired for the expansion project for Salem Airport. According to the petitioner, the respondents have issued the tender notification through their website for releasing of land for establishing Flying Training Organisations (FTOs) on Design, Build, Operate, Maintain and Transfer Basis (DBOMT) at Salem Airport ignoring the recommendations of the District Collector by his letter dated 25.09.2020. According to the petitioner, the impugned tender notification issued by the respondents is an arbitrary exercise of power and violative of Articles 14 and 16 of the Constitution of India as the land pooling policy which is available in other States like Andhra Pradesh and Gujarat, has not been adopted in the State of Tamil Nadu.