New Delhi: The Supreme Court said Thursday it will hear next week the Kerala government’s appeal challenging the high court verdict that dismissed its plea against the AAI decision granting rights to Adani group for operating and developing Thiruvananthapuram International Airport.
The Kerala High Court had on December 18 last year dismissed the plea filed by the state “as not maintainable” and said that the question raised in the petition has to be decided by the Supreme Court under Article 131 of the Constitution of India.
The article deals with original jurisdiction of the apex court in any dispute between the Centre and states.
Kerala’s appeal came up for hearing before a bench headed by Chief Justice S.A. Bobde.
“List these matters next week,” said the bench, also comprising Justices B.R. Gavai and Surya Kant.
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Kerala government had approached the high court challenging the alleged “arbitrary and illegal action” of Airports Authority of India (AAI) in “attempting to prefer a particular private concessionaire”, Adani Enterprises Ltd, for operation, management and development of Thiruvananthapuram International Airport.
The state alleged before the high court that attempt on the part of AAI to grant right of operation, management and development of Thiruvananthapuram airport to a private party, “who has no previous experience in managing airports”, was not in public interest and was violative of the provisions of the Airport Authority of India Act, 1994 among others.
In its appeal filed in the apex court, the state has said that high court had “failed to appreciate that Article 131 of the Constitution does not contemplate any private party being arrayed as a party on one side or other.”
“It is submitted that for determining as to whether a suit before the Supreme Court under Article 131 of the Constitution has to be taken recourse to, it is necessary to consider whether the state can, in the facts of the given case, independently maintain a suit against the Government of India,” it said.
The Adani group had won the bid to operate five out of six airports, including in Thiruvananthapuram, proposed for privatisation by the Centre.
The airport was established in 1932 on 258.06 acres of land owned by the princely state of Travancore, of which the state is the successor.
The land had been entered into the revenue records as the government land.