Kerala HC refuses to stay proceedings on TVM airport transfer to Adani Group

KC Gopakumar Kochi | Updated on August 25, 2020 Published on August 25, 2020

THIRUVANANTHAPURAM, 23/07/2010: Symphony in Glass and Steel: A view of the world class terminal of the Thiruvananthapuram International Airport from the city side on July 23, 2010. Photo: S. Mahinsha   -  THE HINDU

A Division Bench of the Kerala High Court on Tuesday declined to consider a government petition seeking to stay further proceedings in pursuance to the Central government’s approval of grant of lease/concession on right of operation, management and development of the Thiruvananthapuram International Airport to Adani Enterprises Limited.

When a petition filed by the State government seeking to stay the proceedings came up for hearing, the Bench comprising Justice K Vinod Chandran and Justice TR Ravi said that the court was not inclined to consider hearing on the stay petition and it wanted a final hearing in the case.

The court then adjourned to September 15 the case for final hearing.

The government pointed out that that the Supreme Court had set aside a judgment of the High Court dismissing the government’s writ plea against the Airport Authority of India’s ‘Request for Proposal’ to grant the right of operation, management and development of the airport to Adani Enterprises Limited. The Supreme Court while passing its verdict had sent back the case to the High Court for considering the government’s challenge on merit.

However, the Centre has now approved the lease in favour of the Adani group under section 12A of the Airports Authority of India Act 1994.

As such, necessary contractual transactions will be entered into by the Centre, AAI and the company. In fact, the State government had substantial proprietary and other rights over the land on which the airport was constructed.

Besides, as the grant of lease/concession had been approved when the matter was sub judice, the balance of convenience was in favour of the government to get a stay on the approval the government said.

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Published on August 25, 2020
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