The Nagpur Bench of Bombay High Court on Wednesday quashed ‘March 2020 communication’ issued by a firm cancelling an award granted to GMR Airports for upgradation and operation of the Dr Babasaheb Ambedkar International Airport, Nagpur.
A Division Bench of Justices Sunil Shukre and Anil Kilor said the communication, issued to GMR Airports Ltd by MIHAN India Ltd, deserved to be quashed and set aside.
“We find that the impugned communication is arbitrary, unfair and unreasonable and, therefore, it deserves to be quashed and set aside,” the court said.
The Bench said that the communication was not “sustainable in the eye of law”.
The court has also ordered MIHAN to execute a concession agreement with the GMR group in six weeks.
The HC order came on a petition filed by GMR Airports challenging the action of MIHAN in annulling the bidding process for upgradation, modernisation, operation and management of the Nagpur international airport.
As per the plea, MIHAN was planning to issue fresh tenders for the project.
On March 7, 2019 the petitioner (GMR) was awarded the project by way of a Letter of Award. However, MIHAN claimed the communication sent to the petitioner on March 7, 2019, was only a bid acceptance letter and not a letter of award.
The company said the communication clearly stated that the acceptance of the bid was conditional and required approval from the Union Ministry of Civil Aviation.
