Meanwhile, in a separate but concurring judgement, Justice S H Kapadia slammed the EC’s handling of the matter. Explaining how the EC had “changed” some of the factors whose identification went into the scoring given to the bidders, Kapdia wrote: “In my view, the Evaluation Committee had no business to expand or narrow down the scope of any of the above factors as it was beyond its authority and contrary to the scoring system.” He was of the opinion that as a result of this, objectivity was completely lost. The HC had in April this year upheld the grant of the contracts for modernisation of the Delhi and Mumbai airports to GVK-Frapport and GVK South Africa respectively.
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