How SG's legal opinion in Supreme Court paved the runway for Nagpur international airport

The Supreme Court on Friday closed a curative petition filed by the Central government and the Airports Authority of India (AAI) which had remained a hurdle to Nagpur airport's brownfield redevelopment by a private company, GMR Airports Limited [Airports Authority of India v GMR Airports Ltd and anr].

Interestingly, Solicitor General Tushar Mehta stated that the matter need not be considered under the Court's curative jurisdiction.

He told the Court that it was his professional opinion that the grounds for invoking the curative jurisdiction of the top court were not present in this case. The response of the SG came after the CJI led bench had asked for a reply from the Solicitor General in his professional capacity.

Therefore, he submitted that the curative petition filed against the dismissal of a review petition challenging the 2022 decision of the apex court in the matter is not being pressed,

"It is my professional opinion that there is no ground of bias and there cannot be any bias," the SG said.

"We note that curative plea is not pressed before the court," the Bench noted in its order closing the matter.

SG Mehta, however, urged the Court to clarify an observation made in the 2022 judgment, by which the top court had dismissed objections by the Centre and the AAI over not being impleaded as parties to the case.

The para in question stated:

"We are of the considered opinion that the objection regarding non-joinder raised by the appellants is bereft of any merit and the High Court has rightly rejected the same."

Mehta explained that it may affect future litigation in similar matters if this line is not clarified. The Supreme Court took note of the concern and added a clarification in its order today.

"SG has submitted that this Court may issue a clarification as per para 51 of the impugned order that in such matters, Union and AAI are not necessary parties. He says if the above statement of law holds the field, then it may impact the representation of parties in future litigation ... The observation in para 51 of the judgment that AAI or Union are not necessary parties would not be correct position in law," the Court recorded.

In 2022, the Supreme Court dismissed an appeal challenging a Bombay High Court ruling that allowed GMR Airports to upgrade and operate Nagpur’s Babasaheb Ambedkar International Airport as part of a MIHAN (Multi-modal International Cargo Hub and Airport at Nagpur) project.

The Central government and AAI challenged this ruling by way of a review petition, which was rejected.

They then filed a curative petition and urged the top court to have a relook at its decision. This plea has also now been closed by the Court as not pressed.

Today's development was welcomed by the ruling dispensation in Maharashtra as well.