The Supreme Court on Friday concluded the proceedings on a curative plea filed by the Centre and the Airports Authority of India (AAI) challenging its earlier verdict, which allowed private firm GMR Airports to upgrade and operate Nagpur’s Babasaheb Ambedkar International Airport. The decision was made after Solicitor General Tushar Mehta provided an independent professional opinion, stating that the curative plea did not meet the legal criteria necessary for consideration.
Curative petitions, the final legal recourse available to a litigant, were established by a 2002 Supreme Court ruling in the Rupa Ashok Hurra case. Such pleas can only be filed when specific violations are alleged, following the dismissal of the original case and a review petition. The bench consisted of four judges and was headed by Chief Justice of India DY Chandrachud who accepted Mehta’s opinion and ended the proceedings. It was also noted that the petition did not fall under the strict criteria required for the curative cases like lack of fair hearing and bias. The GMR Airports was represented by the GMR Airports.
All about the Nagpur Airport row
The dispute came to light in the year 2022 when the Supreme Court upheld a Bombay High Court decision supporting GMR in a legal row on the Nagpur airport contract. The court gave the verdict that the cancellation of the contract allotted to GMR by MIHAN India Ltd in 2019 was not fair and mentioned that government contracts should adhere to values of equality and impartiality.
The court also made it clear that in its 2022 observation, the Centre or AAI were not necessary parties in such cases and should not be used as a precedent in the future. The bench has also advised to ensure flexibility in similar future disputes.