New Delhi, October 17
The Supreme Court on Monday dismissed a petition filed by the Kerala government against the state high court verdict rejecting the pleas challenging the Centre’s decision to lease out Thiruvananthapuram International Airport to Adani Enterprises Ltd.
A bench comprising Chief Justice U U Lalit and Justice Bela M Trivedi observed as the private entity has been operating there since October 2021, it sees no reason to entertain the plea.
In its order, the top court noted that one of the basic issues highlighted by the counsel appearing for Kerala was about the discussion between the state and the Centre with regard to reservations expressed on behalf of the state government.
While referring to the Kerala High Court verdict, which was challenged before it by the state and others, the apex court noted that after the discussions, “the Government of Kerala agreed to the condition that it would have right of first refusal in favour of any entity in which Government of Kerala has 25 per cent equity participation on a range of 10 per cent.”
“In terms of such understanding, the state owned corporation KSIDC (Kerala State Industrial Development Corporation) was nominated which participated in the bid but unsuccessfully. The bid offered by the successful party (the Adani group company) was Rs 168 per domestic passenger while that offered by KSIDC was Rs 135 per domestic passenger, which was less by almost 20 per cent,” the bench noted while referring to the high court judgement.
The state government had moved the apex court challenging the October 19, 2020 verdict of the Kerala High Court which had dismissed the pleas on the ground that they were directed against the privatisation policy of the Centre and hence devoid of merit.
Besides the plea filed by Kerala government, the top court also dismissed some other petitions, including the one by the Airport Authority Employees Union. The union had apprehended that the service conditions of the employees will be affected if the private entity takes over the airport.
The court said the employees had the option of shifting to other airports run by the AAI.
“Considering these facts as well as the factor that the private entity has been in operation since October 2021, we see no reason to entertain these petitions…. These petitions are accordingly dismissed,” the bench said.
In its verdict, the high court had noted that the petitions filed before it essentially challenged the leasing out of Thiruvananthapuram International Airport, 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).
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