JOIN USKarnataka HC bins plea against Mangalore Airport privatisation
The High Court has dismissed the PIL filed by Airports Authority Employees Union challenging the privatisation of Mangalore International Airport.
A division bench headed by Acting Chief Justice Satish Chandra Sharma said that the petitioner-union had suppressed the fact that it had filed a petition before the Kerala High Court, challenging the privatisation of Thiruvananthapuram International Airport.
The Union government had taken a decision to privatise Ahmedabad, Jaipur, Lucknow, Guwahati, Thiruvananthapuram and Mangaluru Airports under the Public-Private Partnership (PPP). The petitioner challenged the proceedings in respect of Mangalore International Airport, including the Concession Agreement dated February 14, 2020. Adani Enterprises had bagged all six tenders.
The petitioner’s contention was that the decision was contrary to the statutory provisions under the Airports Authority of India Act. It said that only certain functions of the Airport can be leased out while the concession agreement executed is much beyond the scope of provisions.
The court noted that Kerala High Court had dismissed various petitions, including the one filed by the union, on October 19, 2020. The bench observed that the petitioners should have disclosed this fact.
“The petitioner-AAE Union has suppressed the vital information that the policy decision which is the subject matter of this petition was also challenged before the Kerala High Court and therefore, the present petition deserves to be dismissed on account of suppression of facts,” the bench said.
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The bench also cited judgments of the Supreme Court and said the petitioner has not made out a case for interference in respect of the policy decision. The Supreme Court has held that a policy decision of the executive is best left to it and a court should not interfere with it unless the decision is mala fide, arbitrary, irrational or unreasonable.
“The courts are ill-equipped to substitute the decisions and in the present case also it is purely a policy decision of the Government of India to lease out the airports for better management and functioning. Therefore, as the petitioner-AAE Union has not been able to point out violation of statutory provision of law and the constitutional provisions, the present writ petition deserves to be dismissed and it is accordingly dismissed,” the court said.