Delhi High Court - Orders
Sri Sai Sampat Aviation Handling ... vs Union Of India & Ors on 9 December, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10120/2021
SRI SAI SAMPAT AVIATION HANDLING SERVICE .....Petitioner
Through: Mr. Umakant Mishra and Ms.
Prabhati Nayak, Advocates.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Ms. Anjana Gosain, Ms. Nippun
Sharma and Mr. Devesh Khanagwal,
Advocates for R-1.
Mr. Digvijay Rai, Mr. Archit Mishra
and Mr. R. A. Khan, Advocates with
Mr. Mukesh Kumar, DGM (OPS) and
Mr. Vivek Gupta, AGM (Law) for R-
2/ AAI.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 09.12.2024 CM APPL. 72030/2024 (seeking exemption) & CM APPL. 72029/2024 (on behalf of Respondent No. 2 seeking modification of order dated 16th September, 2021)
1. Before adverting to the facts of the present application, a background of the judicial orders and writ petitions filed pertaining to the subject matter must be noted. The Petitioner in the instant case, had filed C.M. bearing no. 31135 of 2021, seeking impleadment in W.P.(C) 6993 of 2021 titled 'Centre for Aviation Policy Safety and Research v. Union of India'. The said impleadment application was allowed by the Court vide order dated 16th September, 2021. However, in the meantime the Petitioner also preferred the W.P.(C) 10120/2021 Page 1 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/01/2025 at 21:57:59 instant writ petition which was also listed on 16th September, 2021. Thus, noting that the Petitioner herein (applicant in C.M. No. 31135 of 2021 in W.P.(C) 6993 of 2021) was also a similarly situated ground handling agency, who was a member of the Centre for Aviation Policy Safety and Research, the Court passed the following order in the impleadment application:
"CM APPLs. 26488/2021 & 31135/2021 (impleadment) in W.P.(C) 6993/2021
5. These applications have been filed by four other ground handling agencies seeking impleadment in the present writ petition.
6. Learned counsel for the petitioner submits that the applicants are similarly situated as the other ground handling agencies, who are members of petitioner association, and therefore, prays that the applicants be allowed to be impleaded co petitioners.
7. Issue notice. Mr. Digvijay Rai accepts notice on behalf of the respondents and fairly does not oppose the applications which are accordingly, allowed. The applicants are therefore impleaded as co petitioners. Amended memo of parties be filed within one week.
8. Needless to state, the interim order passed on 29.07.2021 will also apply to the newly added petitioners."
[Emphasis added]
2. In light of the above, the order dated 16th September, 2021 passed in the present writ petition, stood merged with the order dated 16th September, 2021 passed in C.M. No. 31135 of 2021 in W.P.(C) 6993 of 2021.
3. Now, through this present application, Respondent No. 2 - Airports Authority of India1, seeks modification of order dated 16th September, 2021, passed in W.P.(C) 6993 of 2021 as merged with the order passed in the instant writ petition.
4. Under the impugned interim order dated 16th September, 2021, the Petitioner, who is providing ground handling services, has also been 1 "AAI"
W.P.(C) 10120/2021 Page 2 of 5This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/01/2025 at 21:57:59 extended the interim protection of maintaining status quo, as was granted to other ground handling agencies.
5. Subsequently, the aforenoted order dated 16th September, 2021 has been modified on two occasions. The first modification was done through CM APPL. 9625/2022, at the request of AAI vide order dated 22nd April, 2022, wherein this Court has passed the following directions:
"13. The Court has been informed that the Ground Handling Agents selected for the airports at Srinagar and Visakhapatnam have already been accorded security clearance. In terms of the order of 16 September 2021 passed on the contempt petition and the undertaking of the respondents recorded therein, the interim order would consequently warrant being modified accordingly.
14. Accordingly, the interim order of status quo passed in the present writ petition shall stand modified with the respondents being accorded permission to undertake the requisite transition and hand over GHS to the identified parties at Srinagar and Visakhapatnam airports. Accordingly, the applications stand disposed of."
[Emphasis added]
6. Thereafter, through application CM APPL. 63500/2023, this Court through order dated 22nd December, 2023, modified its earlier status quo order, allowing the selected ground handling agency to render its services at the Tirupati Airport.
7. Relying upon the aforenoted orders, AAI now seeks further modifications of a similar nature with respect to Rajamundry and Porbandar Airports. AAI apprises the Court that they have engaged third parties through the bidding process envisaged in Regulation 3 (5) of the Airports Authority of India (Ground Handling Services) Regulations, 2018 at Rajamundry and Porbandar Airports, details whereof are delineated in paragraph no. 8 of the application.
8. Mr. Digvijay Rai, counsel for AAI argues that the Petitioner has been W.P.(C) 10120/2021 Page 3 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/01/2025 at 21:58:00 operating at the said Airports by virtue of the interim order dated 16th September, 2021, however, in light of the aforenoted orders of modification, now that the bidding process is complete and the agencies have been identified, the order dated 16th September, 2021 ought to be further modified with respect to the aforenoted Airports.
9. On the other hand, Mr. Umakant Mishra, counsel for the Petitioner opposes the application and states that as per the details mentioned in paragraph no. 8, allegedly BCAS clearance has been received by the third parties engaged by AAI through the tender process, however, the operational readiness of these entities is yet to be completed and they have not commenced the operation. In light of the above, he argues that the Petitioner should be afforded at least two weeks' time for the transition from the two airports where their ground handling services have been employed.
10. The Court has considered the aforenoted contentions. The Court is not inclined to grant Petitioner's request for further two weeks, having regard to the facts noted above.
11. Further, it must also be noted that in the connected cases, similar modifications were granted by this Court and in one such matter, the Division Bench [LPA 696/2022], while dismissing the challenge imposed cost on the Petitioner making the following observations:
"19. This Court affirms the finding of the learned Single Judge that the rights of existing GHAs to continue to discharge services till such time as an agency is selected through a transparent bidding process, alone was safeguarded and secured by this Court in terms of its various orders. Thus, it is clear that when the bidding process for selection of GHAs in terms of the 2018 Regulations is already complete and new GHAs have been selected after following the due procedure, there is no right that subsists in favour of the appellants to continue the Ground Handling Services in the airports.W.P.(C) 10120/2021 Page 4 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/01/2025 at 21:58:00
20. This Court also finds no infirmity in the finding of the learned Single Judge that in the case of AIASL, it became eligible to be appointed as the GHA by virtue of Regulation 3(5)(b) of the 2018 Regulations.
21. In view of the aforesaid detailed discussion, the impugned orders passed by the learned Single Judge are upheld. No merit ·is found in the present appeal. This Court also notes that the appellants by initiating various litigations against the respondents have tried to virtually stall the operation of the system of Ground Handling Services at airports in a fair manner in terms of the 2018 Regulations, making them liable for imposition of costs."
12. In light of the above, the instant application is allowed and the order dated 16th September, 2021 is modified by clarifying that the interim order of status quo passed in the present writ petition shall stand modified with the Respondents being accorded permission to undertake the requisite transition and hand over ground handling services to the identified parties at Rajamundry and Porbandar Airports. The Petitioner shall immediately stop operations at the aforenoted two Airports. Once the operations are ceased, the Petitioner is permitted to vacate the two Airports within a period of two weeks.
13. With the above directions, the instant applications are disposed of.
SANJEEV NARULA, J DECEMBER 9, 2024 d.negi W.P.(C) 10120/2021 Page 5 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/01/2025 at 21:58:00