ANIL KUMAR SINHA
Ex-armymens Welfare And Security Services Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent
JUDGMENT
1. Heard Mr. Ashish Giri, learned counsel for the petitioner and Dr. K.N. Singh, Senior Advocate, learned Additional Solicitor General along with Mr. Anshay Bahadur Mathur, learned counsel for the respondents through videoconferencing.
2. The petitioner which is a Private Limited Company has filed the present writ application for following relief(s):-
"(i) To hold and declare that the notification dated 29.06.2021 issued under the signature of the Joint Director, Bureau of Civil Aviation and the letter dated 30.06.2021 issued by the Section Officer, Airport Authority of India Section, Ministry of Civil Aviation by which the services of the agencies performing ground handling services at the airports enlisted therein has been extended from 30.06.2021 upto 15.07.2021 & 31.07.2021 respectively will not be applicable to the petitioner who is performing ground handling services in Patna and Ranchi Airports as the Security clearance having been granted in terms of the airport Authority of India (Ground Handling Services) Regulations, 2018 whose security clearance is valid for a period of 5 years with effect from 11.06.2019.
(ii) To alternatively quash the said decisions/letters date
Bangalore Medical Trust v. B.S. Mudappa & Ors as (1991) 4 SCC 54
Baraka Overseas Traders v. Director General of Foreign Trade & Anr as (2006) 8 SCC 103
Chairman-cum-Managing Director
Devi Multiplex & Anr v. State of Gujarat & Ors as (2015) 9 SCC 132
Orissa & Ors. v. Mamata Mohanty as (2011) 3 SCC 436
Oryx Fisheries Private Limited v. Union of India & Ors as (2010) 13 SCC 427
Shibu Soren v. Dayanand Sahay & Ors as (2001) 7 SCC 425
Smt. Clara Ainda v. The State of Bihar as 2005(4) PLJR 691
State of Bihar & Ors. v. Kalyanpur Cement Ltd as (2010) 3 SCC 274
The main legal point established in the judgment is that the rights of existing GHAs to continue providing services were safeguarded by the court's various orders, but the appellants did not have an ....
The judgment established that Ground Handling Agents have no inherent right to continue providing services once a third-party agency has been duly identified in accordance with the applicable regulat....
Existing ground handling agents lack an indefeasible right to operate once new agencies are duly identified in accordance with regulations, even if formal operations have yet to begin.
The court upheld the authority of CIAL to modify tender conditions for ground handling services, emphasizing the need for a competitive environment and the absence of established conflicts of interes....
The cancellation of an Air Operator Permit without disclosing reasons for denial of security clearance violates principles of natural justice, rendering the process invalid.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.