KARNATAKA HC DISMISSED A PETITION CHALLENGING THE CABINET'S 2019 DECISION OF PRIVATISATION OF MANGALURU INTERNATIONAL AIRPORT

The division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum of the Karnataka High Court dismissed public interest litigation (PIL) moved by the Airports Authority Employees Union challenging the Mangaluru International Airport's privatisation.
The bench relied on the Kerala HC decision whereby the Kerala HC held that leasing the airports is a decision taken by the Government of India. Therefore, the court will not interfere.
The PIL sought to quash the cabinet's decision of leasing three airports, including the Mangaluru International Airport, to Adani Enterprises. The Plea termed the decision as illegal and beyond the scope of the Airport Authority Act, 1994 (The Act). 
Counsel appearing for the Petitioners referred to Section 12 of the Act and the lease agreement. "As per the act, the airport premises can be leased out but, in the present case, the entire airport is given away to a private person". Adv Haranahalli further argued that there was no revenue sharing with the government, and the entire lease is based on passenger fees. Moreover, there is no generation of revenue by the public-private 
partnership. 
Additional Solicitor General MB Nargund, appearing for the Government, informed the bench that the present petition is not maintainable as a branch of the same petitioner has been filed 
before the Kerala High Court.

Author: Papiha Ghoshal