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Supreme Court of India 2022-09-30 allowed

Airport Authority of India vs Centre for Aviation Policy, Safety & Research

Bench: 2 — M.R. Shah, Krishna Murari

In Brief

The Airport Authority of India appealed against a Delhi High Court order that had struck down tender eligibility criteria for ground handling services at Group D-1 airports, including regional clustering, experience requirements, and minimum annual turnover thresholds. The High Court had allowed a writ petition filed by an NGO (Centre for Aviation Policy, Safety & Research). The Supreme Court reversed the High Court, holding that the NGO lacked locus standi to challenge tender conditions as it was not a direct participant or affected party, and that tender terms are matters of commercial discretion not subject to judicial review unless arbitrary or mala fide. The Court found the tender conditions rationally connected to legitimate objectives and not discriminatory, quashing the High Court judgment.

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Administrative Law Tender/Procurement Public Interest Locus Standi Civil Aviation

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