Recent Judgment of the Supreme Court on the Metropolitan Case of the Airport: An update
May 25, 2024 by Rupeindia
– Rahul Varman
[We regret the long delay in publishing this note, due to an oversight. It was received on May 1. – Editor.]
In 10Th April 2024, in a very unusual development, the Supreme Court revoked its own 2021 order, in which it had granted Interie compensation to the trusted infrastructure[1] SUBSIDIARY DELHI Airport Metro Express Private Limited (Damepl). The original prize was supposed to be accumulated, it was around 5,000 million rupees; This has been inflated at 8,000 million rupees today. The prize was substitute for the Rail Metro Corporation (DMRC) of Delhi Metro (DMRC) for not maintaining its commitments in the Public Private Association (PPP) that was expected to execute the Airport Express line from New Delhi Railway. While the line was built by DMRC, Damepl had to make the investments in roll and relationship investments. Damepl had to operate the line and share revenues with DMRC, in reward for its almost 50 percent investment in the RS 5,700 million rupees.
After the Judges of the 2021 Supreme Court in favor of Reliance Infrastructure and its Subsidiary Damepl, we had carried out an analysis of the entire trip of the PPP project (see HTTS, the story begins with the concession agreement in 2008 between the two parties; it processed through the confidence in 2013 shortly after the operations, when they could not make money; and then the things of confidence in 2013 in 2013. Supreme
We observed how Brazen had been the general behavior of Reliance and its subsidiary, and therefore, the award of the Supreme Court in its favorite of any notion of justice. Now that the sentence has been exaggerated in response to a healing request presented by the Delhi subway against the award in the Supreme Court, and the court observed that its previous bank had made “a serious spontaneous abortion of justice of justice or justice of justice or justice” justice of justice or justice. “[2]One may believe that justice has finally delivered “[3]. This is how most of the media have presented the case, although, as expected, they were also not critical of the previous trial of the Supreme Court.
However, we would take the opportunity of this new Supreme Court to make some observations of letters on the whole matter:
- The most striking characteristic is the idea of the idea of justice in the existing judicial system. In each step, from the arbitration award to this final judgment, the decisions have been aged in the successive stages, twice in the Superior Court and now twice in the Supreme Court. Keep in mind that this is a high profile of the most important PPPs, between two high -profile corporate parts, with the correct project in the capital of the Nation in the middle of the media. It is essentially the same set of facts that has a leg under discussion. Also keep in mind that the thesis five internships of ‘justice’ have been prosecuted from a high profile court to the Superior Court and then to the Supreme Court. And yet, every successive step mere a reversal of the previous trial. Both parties have an armed leg with lawyers who would have gained a fortune in rates; And the whole matter has a leg in court for 11 years. One can see once common people cannot dream of obtaining justice within this labyrinth child.
- It should also be taken into account that RS 8,000 million rupees that have a leg under content is a large amount; For example, more than the Central Government has assigned its bad health insurance program Pradhan Mantri Jan Aregya Yojana (PMJAY) to cover 120 million families[4] In 2024-25.
- One may ask for the reasons for the decidedly unusual and acute comments of the Bank of the Supreme Court of three judges in their own previous bank. One can speculate which of several factors could have inclined the scale against the Anil Ambani group in this case. On the one hand, it is surprising that the DMRC has been running the line successfully, and without any unpleasant incident, for more than ten years since Reliance came out. Therefore, it is very difficult to maintain the justification of Reliance to leave, namely that the structures built by DMRC were not safe. But the reason for the change in the Court’s position could be different. Could the change be related to the loss of influence of Ambani younger in the halls of power after the dramatic collapse of his financial fortune?
- And yet, one should not lose sight of the fact that Neith the new Supreme Court, nor what has appeared in the media as in the case, has something to say about the biggest problems that we had raised the shock and commotion of Phalier the most important thing, the lack of any responsibility of Big Capital in India. Despite the trial that occurs at the time of parliamentary elections, there is no debate anywhere in thesis, even for any of the political parties. Which implies that in the best case it will be treated as a case of a “bad apple”, while the policy of encouraging the great capital more and more continues the political spectrum. These are the real problems that this case reveals, and that must be discussed and discussed for a better political economy in India.
The previous case analysis is available here:
Private Public Associations: Subsidy and Impunity for Private Corporations: Delhi Airport Metro as a case study
[1] A company belonging to the Anil Ambani group.
[2] The bank of three judges, headed by the president of the Supreme Court of India, Dy Chachud, added that the sentence was “perverse and evidently illegal.” See: Bhavini Mishra, “DMRC is not obliged to pay 8,000 million rupees to the dependent infra arm, says SC.” Business standardApril 11, 2024. Https://www.business-standard.com/companies/News/dmrc-not-required-8-8-000-crore-too-reliance-inf RA-ARMS-SAYSSSSSAY-SAYS-SAYSSSSSSSSSSSSSSSSSSSSSCS-SCS-SAY-SAY-SC-124041001101_1.1.1.11.1.1.1.HTML 04/30/2044.
[3] Although Conerns has expressed that such interventions by the Supreme Court, entering the merits of the case, are not good for foreign investments!
[4] Jomy Jos Pullokaran, “FM assigns ₹ 7.5 billion rupees to Ayushman Bharat PM-Jay”, CNBC TV18February 1, 2024. https://www.cnbctv18.com/economy/budget-2024-highlights-pradhan