Govt. Challenges GMR Order In Delayed Adjudication Affecting 250 Cases: Supreme Court Restrains HC And CESTAT From Deciding Till Final Order

Govt. Challenges GMR Order In Delayed Adjudication Affecting 250 Cases: Supreme Court Restrains HC And CESTAT From Deciding Till Final Order

The Supreme Court has deferred the hearing on the petition filed by the government challenging the GMR Order passed by the Delhi High Court in delayed adjudication affecting 250 cases.

“Since we are looking into the larger issues involved in this matter, before the Tribunal or any of the High Courts On the subject in we may only say that if any matter Comes up for hearing question, the hearing may be deferred till we take an appropriate call in the matter,” the bench of Justice J.B. Pardiwala and Justice R. Mahadevan said.

The department contended that almost 250 matters came to be disposed of by the Tribunal following the judgment of the High Court of Delhi.

The Delhi High Court has held that Ultimately it is incumbent upon the authority to establish that it was genuinely hindered and impeded in resolving the dispute with reasonable speed and dispatch. A statutory authority when faced with such a challenge would be obligated to prove that it was either impracticable to proceed or it was constricted by factors beyond its control which prevented it from moving with reasonable expedition. This principle would apply equally to cases falling either under the Customs Act, the 1994 Act or the CGST Act.

Case Details

Case Title: UNION OF INDIA Versus GMR Airport

Case No.: SLP No.5392/2025

Date: 02-05-2025

Counsel For Petitioner: N. Venkataraman, A.S.G.

Counsel For Respondent: Dr S. Muralidhar, Sr. Adv.

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