Nagpur: In a major boost to Nagpur and Vidarbha’s infrastructure, Supreme Court on Friday closed a curative petition by the Centre and Airports Authority of India (AAI), allowing GMR Airports Ltd to operate and proceed with much-delayed modernisation of Nagpur’s Dr Babasaheb Ambedkar International Airport.
The modernisation plan, which includes state-of-the-art facilities for handling international cargo and passenger services, promises to place Nagpur as a strategic logistics hub, enhancing both domestic and international connectivity besides setting the stage for future investment and development in the region.The SC ruling greenlights construction of a new brownfield airport with two runways and a world-class international cargo facility.
The curative petition had challenged Maharashtra govt’s award of airport contract to GMR in 2019. A special four-judge SC bench led by CJI DY Chandrachud, along with Justices Sanjiv Khanna, Bhushan Gavai, and JK Maheshwari, found no merit in the plea. It took note of the opinion of solicitor general Tushar Mehta that the petition could not be considered under legal standards governing curative petitions, which require showing of “glaring errors” or “miscarriage of justice”. He further stated that the argument of bias or failure to hear the govt did not apply in this case.
Earlier, Nagpur bench of Bombay High Court had ruled in favour of GMR, and the Supreme Court had also rejected subsequent review petitions by the govt entities.
Deputy CM Devendra Fadnavis, who envisioned the project during his tenure as CM from 2014–19, expressed optimism about its future. “The decision is expected to boost the Multi-modal International Cargo Hub and Airport (Mihan) project, driving overall development of the city and region,” he said in a post on X. Fadnavis emphasised that the airport upgrade will be a key element in transforming Nagpur into a regional economic powerhouse, making it a hub for international trade and commerce.
The legal tussle began after the bidding process for Nagpur airport modernisation concluded in 2019. Mihan India Limited (MIL) — a joint venture between Maharashtra Airport Development Company (MADC) and AAI — had received two bids on September 28, 2018, one from GVK Airport Developers and the other from GMR Airports. GMR’s bid, which proposed sharing 14.49% of gross revenue with MIL, far exceeded GVK’s offer of 3.06%.
The GMR proposal was accepted, and a Letter of Award was issued on March 7, 2019, for the upgradation, modernisation, operation, and management of the airport. But on March 19, 2020, MIL revoked the contract based on recommendations of its project monitoring and implementation committee, citing procedural issues.
GMR challenged cancellation of the contract before the Nagpur bench terming it “arbitrary” and “unjust”. In response, a division bench comprising Justices Sunil Shukre and Anil Kilor ruled in GMR’s favour, quashing MIL’s cancellation as being “unfair”. The HC judgment was later upheld by a top court bench led by Justices Vineet Saran and JK Maheshwari on May 9, 2022. The SC ruled that the decision was based on sound reasoning and that no grounds existed for interference. A subsequent review petition by the Centre and AAI was also dismissed in 2023.
