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State Support Agreement Mial

14. It follows from the foregoing that two conditions must be fulfilled in order to pass the admissible classification test, namely (i) that the classification is based on an understandable difference which distinguishes the persons or elements grouped together from the other excluded from the group; and (ii) that that difference must be proportionate to the objective pursued by the Statute in question. If the Government does not approve its classification on the basis of the principle that the classification is reasonable with an understandable difference and a rational basis for this purpose, the classification must be considered arbitrary and discriminatory. In Sube Singh v. State of Haryana [(2001) 7 SCC 545], the Court of Justice emphasises this aspect as follows: (SCC P. 548, paragraph 10) `72. The assertion that DIAL is not also bound by the obligations of the AAI subsidiary would once again have absurd consequences. In the judgment under appeal, the Bench Division rightly stated that « whenever a new agreement is concluded, the whole process of collecting a notification by the competent government concerning the same trolley recovery work and with the same body must be repeated to that private player ». This interpretation would annihilate the rights of workers who will be protected by CLRAA. The Bench Division has rightly accepted that the obligation arising from the communication referred to in Article 10(1) of the clraa, continues to bind any private player who follows in AAI`s footsteps. (vi) With regard to this agreement, a State Assistance Agreement (SSA) of 26.04.2006 was concluded between MoCA, GOI and the petitioner/DIAL, providing for government support commitments to DIAL with regard to the operation and operation of IGI airport. 9. It is found that clause 2.2.3 omDA allows JVC and Respondent #2 to update the list of non-aeronautical services by mutual agreement to include other activities.

Accordingly, at the petitioner`s request, Respondent No. 2 had agreed to update the list of non-aeronautical services in 2009, provided that DIAL carries out commercial activities ancillary to and complementary to the operation of the airport and which must be related to passengers or related to airport or air transport services. GVK Airport Holding, the airport holding company of the GVK Group, accused ACSA of breaching the Shareholders` Agreement (SHA) by entering into a contract with the Adani Group. Subsequently, private participants, under the leadership of the GMR Group, were welcomed to DIAL and private participants under the direction of GVK Infrastructure Limited were admitted as shareholders of DIAL and MIAL, as well as two separate shareholder agreements. Apart from OMDA, DIAL and MIAL have also entered into land leases and DE CNS-ATM agreements with AAI and State Support Agreement with the Government of India and the State Government Support Agreement with the respective governments….



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