The Supreme Court today dismissed an appeal against a Delhi High Court verdict dismissing its petition challenging the government's decision toallow 74% private equity in joint ventures for the modernisation of airports.A division bench of Chief Justice Y K Sabharwal and Justice C K Thakker was not satisfied with the appeal by the Airports Authority of India Officers' Association as some provisions of the Airports Authority of India Act 1994 were in conflict with each other.The bench observed that the provisions of the Act had to be construed harmoniously and that it was a policy matter to be decided by the government.Senior counsel R K Jain submitted on behalf of the association that the joint ventures contemplated applied only to new airports and not the existing ones - an argument not accepted by the court.In a special leave petition filed in the apex court, the association had said the high court erred in holding that the government could allow 74% private equity in joint ventures under certain provisions of the Act through an executive order.As an interim relief, AAI Officers' Association had sought a direction to civil aviation ministry and AAI restraining them from going ahead with theformation of joint venture companies for operation, development and management of international airports at Delhi and Mumbai.Terming it as a case of excessive delegation, the appellant had said the government could not have done it without approval of the Parliament.
