Handing Thiruvananthapuram Airport to Adani: SC sends back Kerala govt’s plea to HC

Hearing an appeal filed by the state, a Bench headed by Chief Justice of India S A Bobde and comprising Justices B R Gavai and Surya Kant said the contention regarding Article 131 of the Constitution — whether it involved a centre-state dispute — will be kept open for further hearing if necessary.

Thiruvananthapuram Airport Adani, Adani Thiruvananthapuram Airport, AAI Adani, Indian Express news

The state had earlier moved HC against the AAI move, saying Adani Enterprises had no prior experience in the field and that this was not in public interest and was violative of the provisions of the AAI Act of 1994. (Representational Image)

The Supreme Court Friday sent to the High Court the Kerala government’s plea challenging the Airports Authority of India’s (AAI’s) decision to grant development, management and operation rights of the Thiruvananthapuram International Airport to Adani Enterprises, which had emerged successful in a bid, for 50 years.

Hearing an appeal filed by the state, a Bench headed by Chief Justice of India S A Bobde and comprising Justices B R Gavai and Surya Kant said the contention regarding Article 131 of the Constitution — whether it involved a centre-state dispute — will be kept open for further hearing if necessary.

The HC, however, dismissed the plea, saying it was not maintainable. The HC said state should have filed a petition under Article 131 of the Constitution before the Supreme Court, as this was a dispute between the state and Centre, which only the SC could decide.

Appealing against this before the Supreme Court, the state government said the HC had “failed to appreciate that Article 131…does not contemplate any private party being arrayed as a party on one side or other”.

The state added “for determining as to whether a suit before the Supreme Court under Article 131…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.”

The petition also contended that this also against the proprietary rights of the state which owns the land.