Court : Delhi
..... the present case, the court notices that the power to frame regulations is located in section 42 (1) and (2) of the airports authority of india act, 1994, which, by clause (d) (of sub-section [2]. ..... , maintenance and development agreement ("the agreement") was signed on 04-04-2006, between the airports authority of india (aai) and dial, pursuant to section 12a of the airports authority of india act ( the aai act ) whereby the latter was granted exclusive right and authority for performing the functions of operating, maintaining, developing, designing, constructing, upgrading, modernizing, financing and managing of the indira gandhi international airport, new delhi ("igi airport''). ..... placed on the decisions of the supreme court in international airports authority of india & ors. v. ..... slam (supra), the court had commented on the power of the central government to issue directions to the iaai with respect to demurrage charges: the central government is empowered by section 35 of the international airports authority act, 1971, and section iii of the major port trusts act, 1963, to issue to the authority and the boards of trustees, respectively, directions on questions of policy after giving them an opportunity, as far as practicable, of expressing their views. ..... thus the powers under the airports authority act, 1994 (like in the case of the international airports authority in grand slam)- specifically, section 42 (2) (d)- discussed above are available for prescribing the rate(s) for .....
Tag this Judgment!Court : Delhi
Reported in : 1996VAD(Delhi)171; 64(1996)DLT213; 1996(39)DRJ777
..... under the airports authority of india act, 1994 and is responsible for running and managing the airports situated in ..... the international airport authority of india and others ( ..... international airport authority of india, : ( ..... airport authority of india ..... international airport authority of india and others : ..... must stand the test on article 14 of the constitution; (c) from the judgments as cited above, it is conclusively established that this court has not left to the option of the authorities to invite tenders or not according to their own discretion and to award contracts ignoring the procedures which are basic in nature by taking into account the irrelevant considerations which are detrimental to the public interest ..... award contracts to eligible contractors, as stated in paragraph 7 of the petition is (a) to issue public notices in newspapers and/or relevant trade magazines or by displaying the tender notice on the notice boards art the relevant airports thereby inviting the eligible contractors to participate in such tenders by quoting their rates; (b) to short list the best eligible parties and to award the contract or to negotiate further and thereafter award the contract to one such ..... airport authority ..... that respondent no.1 by virtue of powers vested in its favor under the above said act, issues all licences, permits, quotas and exemptions for better management and running of the airports and also invites tenders/offers from eligible contractors for providing such services or facilities, .....
Tag this Judgment!Court : Delhi
..... is that to justify retaining lien over the goods aai has relied upon regulation 3 of the international airports authority (storage and processing of goods) regulations, 1993 (1993 regulations) framed under section 37 of the international airports authority act, 1971 (iaai act) which has since been repealed, and replaced by the airports authority of india act, 1994 (aai act). ..... in this writ petition filed by m/s puneet expo, a proprietorship concern of which shri dinesh kapoor is the proprietor, are for a direction to the airports authority of india (aai) respondent no. ..... international airport authority of india 1988 (34) elt 550 ..... mills and international airport authority v. ..... mills (2001) 5 scc 345, international airport authority v. ..... to accept the submission of the learned counsel for the aai that in view of section 24 of the gca, the 1993 regulations continued to be applicable and ought to be treated as having been enacted under section 42 of the 1994 act read with section 46(1) thereof till such time the 2003 regulations came into force. ..... scc 718 reiterates that the liability of the importer or exporter, as the case may be, of the goods to pay the demurrage charges does not get shifted to any other authority whatever may be the reasons for the accumulation of such demurrage charges. ..... regulations were not inconsistent with the provisions of the aai act, they must be held to be enacted under section 42 of the aai act by reading section 46(1) of the 1994 act with section 24 of the gca. .....
Tag this Judgment!Court : Delhi
..... the said appeals were in turn filed against separate orders dated 29.07.2013 passed by the eviction officer under section 28d of the airports authority of india act, 1994 (hereafter the act ) in case no.1/2012/38 and 3/2012/37, inter alia, directing the petitioner to handover peaceful possession of the premises comprising of an area measuring 1672.20 sq. ..... the preamble of the act indicates that it is an act to provide for the constitution of the airports authority of india and for the transfer and vesting of the undertakings of the international airports authority of india and the national airports authority to and in the airports authority of india so constituted for the better administration and cohesive management of airports and civil enclaves whereat air transport services are operated or are intended to be operated and of all aeronautical communication stations for the purpose of establishing or assisting in the establishment of airports and for matters connected ..... it is relevant to note that the preamble of the act was amended by the airport authority of india (amendment) act, 2003 with effect from 01.07.2003 to include the words for the purpose of establishing or assisting in the establishment of airports . .....
Tag this Judgment!Court : Delhi
..... the said appeals were in turn filed against separate orders dated 29.07.2013 passed by the eviction officer under section 28d of the airports authority of india act, 1994 (hereafter the act ) in case no.1/2012/38 and 3/2012/37, inter alia, directing the petitioner to handover peaceful possession of the premises comprising of an area measuring 1672.20 sq. ..... the preamble of the act indicates that it is an act to provide for the constitution of the airports authority of india and for the transfer and vesting of the undertakings of the international airports authority of india and the national airports authority to and in the airports authority of india so constituted for the better administration and cohesive management of airports and civil enclaves whereat air transport services are operated or are intended to be operated and of all aeronautical communication stations for the purpose of establishing or assisting in the establishment of airports and for matters connected ..... it is relevant to note that the preamble of the act was amended by the airport authority of india (amendment) act, 2003 with effect from 01.07.2003 to include the words for the purpose of establishing or assisting in the establishment of airports . .....
Tag this Judgment!Court : Delhi
..... the respondent no.1 before us is the union of india, ministry of civil aviation (moca) whereas the respondent no.2 is the airports authority of india (aai), a statutory body constituted under section 3 of the airports authority of india act, 1994 (for short 'aai act').3. ..... shall pay the aeronautical study fee of rs.20 lakh plus the applicable taxes to the airports authority of india for conduct of aeronautical study. ..... offline/manual appeal, fees shall be paid by dd in favor of airports authority of india payable at new delhi. ..... the request for aeronautical study shall be considered by the member (air navigation services), airports authority of india, on case to case basis. ..... the application for issuance of no objection certificate in respect of civil aerodromes, shall be made by the applicant to the designated officer through the no objection certificate application system (nocas), accessible on the website of the airports authority at www.aai.aero." w.p. ..... rohini, chief justice1 the petitioners in these petitions who proposed to construct buildings in the vicinity of mumbai airport filed the petitions with the following prayer:"(a) issue an appropriate writ, order or direction under article 226 of the constitution of india thereby declaring the following as unconstitutional, void and inoperative:-"(i) clause 5 of schedule ii of the notification dated 30th september, 2015 issued by respondent no.1 ("2015 notification") as well as the guidelines for aeronautical study dated 11th july, .....
Tag this Judgment!Court : Delhi
..... since the petitioner did not vacate the subject land, the eviction officer of aai (respondent no.3) issued a show cause notice dated 07.09.2016 under section 28c of the airports authority of india act, 1994 (hereafter 'the aai act') inter alia expressing his opinion that the petitioner was in unauthorised occupation of the subject land and called upon the petitioner to show cause as to why it should not be evicted.14. ..... (c) 5403/2017 page 10 of 17 the i am directed to say that it has been decided to restore land of safdarjung airport area measuring 184.153 acres to ministry of civil aviation/airports authority of india, resumed earlier vide this office letter nos.l-ii/11(114)/416 dated 13.6.2006 on the following terms and conditions: that the said land will be used for operational a) airport/airport related activities in the mpd2021and allow airports authority of india/ministry of civil aviation to use the said land for aviation related activities. ..... justice vibhu bakhru % order0407.2017 vibhu bakhru, j1 the petitioner - a company incorporated under section 25 of the companies act, 1956 - has filed the present petition impugning an order dated 16.06.2017 (hereafter 'the impugned order') passed by the eviction officer, airport authority of india (respondent no.3) holding the petitioner to be in unauthorized occupation of a property measuring 1616 sq. .....
Tag this Judgment!Court : Delhi
..... airports authority of india, is an authority established under the airports authority of india act, 1994 (hereinafter referred to as, the aai act ..... india formulated airports economic regulatory authority of india (aera for short) under the airport economic regulatory authority of india act, ..... celebi is that it is bound by the policies, instructions, guidelines, circulars, notifications and regulations formulated by ministry of civil aviation or airport authority of india or aera and it is not bound by any contrary regulations of the customs department with respect to waiver of any charges levied by celebi ..... what needs to be determined is whether cele bi is bound by the hcca r or by the policy for waiver of demurrage charges notified by the airports authority of india in ======================================================================= 1999 (hereinafter referred to as the policy for waiver ) and further whether the two can be harmoniously construed?.3. ..... the policy has been framed by the airports authority of india and the execution of the superdginama by an ..... upon by the respondent cele bi as applicable to the present (storage case and are the airports processing of authority of cargo, courier india a nd express goods an d postal mail) regulations, 2003 ======================================================================= (hereinafter referred to as, ..... act, all rights, powers, authorities, privileges and ownership in respect of all prop erty movable or immovable airports of india. .....
Tag this Judgment!Court : Delhi
..... the respondent no.1 before us is the union of india, ministry of civil aviation (moca) whereas the respondent no.2 is the airports authority of india (aai), a statutory body constituted under section 3 of the airports authority of india act, 1994 (for short 'aai act').3. ..... shall pay the aeronautical study fee of rs.20 lakh plus the applicable taxes to the airports authority of india for conduct of aeronautical study. ..... offline/manual appeal, fees shall be paid by dd in favor of airports authority of india payable at new delhi. ..... the request for aeronautical study shall be considered by the member (air navigation services), airports authority of india, on case to case basis. ..... the application for issuance of no objection certificate in respect of civil aerodromes, shall be made by the applicant to the designated officer through the no objection certificate application system (nocas), accessible on the website of the airports authority at www.aai.aero." w.p. ..... rohini, chief justice1 the petitioners in these petitions who proposed to construct buildings in the vicinity of mumbai airport filed the petitions with the following prayer:"(a) issue an appropriate writ, order or direction under article 226 of the constitution of india thereby declaring the following as unconstitutional, void and inoperative:-"(i) clause 5 of schedule ii of the notification dated 30th september, 2015 issued by respondent no.1 ("2015 notification") as well as the guidelines for aeronautical study dated 11th july, .....
Tag this Judgment!Court : Delhi
..... the respondent no.1 before us is the union of india, ministry of civil aviation (moca) whereas the respondent no.2 is the airports authority of india (aai), a statutory body constituted under section 3 of the airports authority of india act, 1994 (for short 'aai act').3. ..... shall pay the aeronautical study fee of rs.20 lakh plus the applicable taxes to the airports authority of india for conduct of aeronautical study. ..... offline/manual appeal, fees shall be paid by dd in favor of airports authority of india payable at new delhi. ..... the request for aeronautical study shall be considered by the member (air navigation services), airports authority of india, on case to case basis. ..... the application for issuance of no objection certificate in respect of civil aerodromes, shall be made by the applicant to the designated officer through the no objection certificate application system (nocas), accessible on the website of the airports authority at www.aai.aero." w.p. ..... rohini, chief justice1 the petitioners in these petitions who proposed to construct buildings in the vicinity of mumbai airport filed the petitions with the following prayer:"(a) issue an appropriate writ, order or direction under article 226 of the constitution of india thereby declaring the following as unconstitutional, void and inoperative:-"(i) clause 5 of schedule ii of the notification dated 30th september, 2015 issued by respondent no.1 ("2015 notification") as well as the guidelines for aeronautical study dated 11th july, .....
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