) The Supreme Court on Friday closed the curative petition filed by the Union government and the Airports Authority of India (AAI) which sought a reconsideration of its 2022 judgment allowing GMR Group to operate and manage Nagpur’s Babasaheb Ambedkar International Airport.
During the hearing, Solicitor General Tushar Mehta informed the Court that after conducting a “dispassionate” review, he found no valid grounds to pursue the curative plea.
A four-judge bench, comprising Chief Justice of India DY Chandrachud, Justice Sanjiv Khanna, Justice Bhushan R Gavai, and Justice K Maheshwari, acknowledged Mehta’s stance and concluded the proceedings.
The bench noted that the curative petition did not meet the stringent criteria required, which include grounds like bias, lack of hearing, or analogous reasons.
Mehta emphasized that there was no basis under curative jurisdiction to challenge the previous decision.
“There was a view earlier that the ground of bias could be raised, but I am clear that such a ground cannot be applied to an order of this court,” clarified Mehta. He further noted that he did not consult the government on the matter, as his role required providing an independent legal opinion to the court.
The original dispute, which dates back to 2022, involved a protracted legal battle over Nagpur’s Babasaheb Ambedkar International Airport operation.
In May 2022, the Supreme Court upheld a ruling by the Bombay High Court, which favoured GMR Airports in its contract dispute with MIHAN India Ltd, a joint venture responsible for managing the Nagpur airport project.
MIHAN had sought to cancel a contract awarded to GMR in 2019, claiming that the bid acceptance letter issued to GMR was not a formal contract award. However, both the Bombay High Court and the Supreme Court ruled against MIHAN, stating that the cancellation of the contract was unjustified.
