ORDER :

The petitioner was granted License to carry on the Ground Handling Services to interested Airlines at Airports at Chennai and Kolkata as per the International Standard on 29.11.2010. The License Agreement was entered on that date with contractual terms and conditions. As per Clause 1(a) of the License Agreement, the License commenced on 23.09.2010 for a period of ten years from 23.09.2010 to 22.09.2020 unless terminated earlier under the provisions of that Agreement.

2. The appointment of an agency for Ground Handling Services was made under Airports Authority of India (General Management, Entry for Ground Handling Services) Regulations, 2007 (in short “2007 Regulations”). These Regulations came to be amended / modified periodically and new Regulations were issued. The 2007 Regulations is superseded by Ministry of Civil Aviation (Ground Handling Services) Regulations 2017 (in short “2017 Regulations”). Thereafter, new Regulations viz., Airports Authority of India (Ground Handling Services) Regulations, 2018 (in short “2018 Regulations”) was issued in supersession of 2017 Regulations.

3. As per Regulation 3(4) of 2018 Regulations, at the Airport having annual passenger throughput of ten million passengers per annum or above there shall be at least three Ground Handling Agencies and where the passengers throughput is less than ten million passengers per annum, the Airport Operator shall appoint Ground Handling Agencies not exceeding three.

4. As per Regulation 7(1) of the 2018 Regulations, all Airport Operators were mandated to complete the selection process of number of Ground Handling Agencies by 31st October 2018 unless extended by Government of India.

5. As per Regulation 7(2) of the 2018 Regulations, the Ground Handling Agencies so appointed shall commence its operations not later than 30th June 2019.

6. As per Regulation 7(3) of the 2018 Regulations, the Agencies which were not appointed as per the 2018 Regulations, shall not be allowed to continue after 31st October 2018 unless extended by Government of India. However, the petitioner / Agency was granted extension of time beyond 30.06.2019.

7. It is also pertinent to note that as per the contractual terms under 2017 Regulations, 180 days notice in writing shall be issued for terminating the contract. The second respondent issued a notice dated 12.02.2018 that in accordance with 2017 Regulations, new Agency would be appointed and that the existing arrangement would come to an end on expiry of 180 days from the date of said notice. The time was again extended by another notice dated 19.06.2018 extending the period upto 30.06.2019; and by notice dated 04.06.2019 extending the period upto 30.12.2019; and by communication dated 14.10.2019, extending the License till 30.03.2020; and by communication dated 17.03.2020, the License period further extended till 22.09.2020. Thereafter, the License Agreement was not extended. As such, on 23.09.2020, the License was not in force.

8. Thereafter, a Circular dated 01.10.2020 was issued specifying the interim arrangement wherein the Airlines at Chennai and Kolkata Airports can have temporary arrangement with any Government Ground Handling Agencies having valid security clearance upto 31.12.2020 or commencement of operation by AAICLAS whichever is earlier. The Airlines Operator Council made a communication to the second respondent raising their concern for having Ground Handling Services with Air India Airport Services Limited (AIASL) and requested for grant of Airport Entry Passes (AEP) in favour of the petitioner / Agency. However, it was informed by the respondents that temporary arrangements will be only upto 31.12.2020.

9. Subsequently, on 22.12.2020, a communication was issued by the first respondent that Airport Entry Passes will be extended to all the existing Ground Handling Agencies at Airports except Chennai, Kolkata, Goa and Pune. In respect of Chennai, Kolkata, Goa and Pune Airports, Airports Authority of India (AAI), the secon