J U D G M E N T

MINI PUSHKARNA, J: (ORAL)

CM APPL.52617/2023

1. Exemption allowed, subject to all just exceptions.

2. Accordingly, the present application stands disposed of.

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3. Present application has been filed for correction of the order dated 4th September, 2023.

4. Keeping in view the averments in the application, para 3 of the order dated 4th September, 2023 shall now read as under :-

“3. Consequently, the present application is allowed and the additional affidavit as well as Annexure R-2/15 is taken on record”.

5. Accordingly, the present application stands disposed of.

LPA 696/2022

6. The present appeal has been filed challenging the order dated 15th November, 2022 passed by the learned Single Judge in W.P.(C) 15722/2022 and order dated 21st November, 2022 in Review Petition No. 311/2022. The appellants are Ground Handling Agencies (“GHAs”), being members of an Association namely, Centre for Aviation Policy, Safety and Research (“CAPSR”). They have been operating in different airports across the country rendering Ground Handling Services.

7. Material facts of the present case are as follows:

7.1 The Ground Handling Services of various Airlines operators in different airports all over the country were earlier being handled by several GHAs including the appellants herein. For such purpose, the GHAs entered into Ground Handling Agreements with the respective Airlines operators for providing such services at the airports owned by the respondent/Airport Authority of India (“AAI”) under the permission/letter of engagement issued Signature Not Verified Digitally Signed By:CHARU LPA 696/2022 Page 2 of 13 by the AAI.

7.2 The GHAs including the appellants continued to provide the Ground Handling Services at different airports owned by the AAI under the strength of general extensions issued by the AAI.

7.3 The Ministry of Civil Aviation, Government of India notified the Ministry of Civil Aviation (Ground Handling Services) Regulations, 2017, which provided for appointment of GHAs through a fair and transparent auction process. Subsequently, on 30th November, 2018, the Ministry of Civil Aviation, Government of India notified the Ministry of Civil Aviation (Ground Handling Services) Regulations, 2018 (“2018 Regulations”).

7.4 The respondent/AAI floated tenders on 28th July, 2020 for procuring Ground Handling Services at airports classified into different categories like A, B, C and D. A writ petition, being W.P.(C) 5722/2020 came to be filed against the conditions of tender floated for group “D” airports. The said writ petition was allowed and the tender was quashed by this court vide its order dated 14th July, 2021.

7.5 However, the AAI challenged the said order dated 14th July, 2021 passed by this Court in W.P.(C) 5722/2020 by way of Civil Appeal Nos. 6615-6616/2022, Airports Authority of India Vs. Centre for Aviation Policy, Safety and Research (“CAPSR”) and Others before the Supreme Court. By judgment dated 30th September, 2022, the Supreme Court allowed the appeals filed on behalf of AAI thereby holding that none of the tender conditions/eligibility criteria can be said to be arbitrary and/or malafide and/or actuated by bias. Further, it was held that CAPSR had no locus standi to file writ petition before this Court.

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7.6 It may be noted herein that as per Regulation 7 of the 2018 Regulations, the process of selection of the new GHAs as per the said Regulations was to be completed by 31st October, 2018. Further, the new GHAs so appointed were to commence their operations not later than 30th June, 2019. Since the conditions of tender floated for selection of new GHAs in terms of 2018 Regulations were subject matter of litigation and the time period for completion of selection process in terms of Regulation 7 of the 2018 Regulations had already lapsed, the Ministry of Civil Aviation