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Supreme Court dismisses Kerala challenge of Thiruvananthapuram airport lease to Adani

A bench of Chief Justice of India UU Lalit and Justice Bela M Trivedi dismissed the SLP that challenged the Kerala High Court order. 

Published Oct 17, 2022 | 5:35 PMUpdated Oct 17, 2022 | 5:36 PM

In a landmark ruling, a 5-judge bench ruled that it could grant divorce on grounds of 'irretrievable breakdown' of marriage without the 6-month separation period in the Hindu Marriage Act. (Wikimedia Commons)
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The Supreme Court on Monday, 17 October, dismissed a plea placed before it by the Kerala government, among others, challenging the awarding of the lease for the Thiruvananthapuram airport to Adani Enterprises Ltd (AEL).

The special leave petition (SPL) had been filed by the state government challenging a Kerala High Court order that upheld the Airports Authority of India (AAI) giving AEL the lease.

Some unions of the employees of the airport were also part of the lawsuit, having challenged the AAI move alongside the Kerala government.

A bench comprising Chief Justice of India UU Lalit and Justice Bela M Trivedi dismissed the SLP that challenged the October 2020 order by the Kerala High Court.

While doing so, the bench noted that according to the high court judgment, certain terms were agreed to after mutual discussions between the state government and the Central government.

One such term was that an entity in which the state government had at least 25 percent equity shares would be given the Right of First Refusal in the range of 10 percent.

Accordingly, the state-owned Kerala State Industrial Development Corporation (KSIDC) participated in the bid.

However, the KSIDC bid was ₹168 per passenger, whereas the AEL bid was ₹135 per passenger.

Since there was a difference of more than 20 percent between the KSIDC bid and the top bid, it was rejected.

The apex court thus noted that the high court had “rightly rejected” the state government’s challenge, given the circumstances.

As for the unions’ contention that their service conditions would be affected by the takeover of the airport by a private entity — AEL in this case, the court noted that they already had a way out.

The apex court noted that employees of Thiruvananthapuram airport who felt that way had been given an option to switch to airports that were under the AAI.

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