Court : Mumbai
..... in view of the provisions of section 40 of the airports authority of india act, 1994, it is not possible for this court to issue any directions to respondents to implement paragraph (b) and (c) of the dopt om. ..... these rules were framed in exercise of the powers under sub-section (1) read with clause (b) of sub-section (2) and (4) of section 42 of the airports authority of india act, 1994. 4. ..... the government of india issued a notification dated 23rd may, 2003 titled airports authority of india (general conditions of service and remuneration of employees) regulations, 2003 (aai regulations). ..... the facts leading to the present petition are as follows: the petitioner is employed as the deputy general manager (aviation safety), western region of respondent no.1, the airports authority of india. ..... the petitioner has in the course of her submissions relied upon the aai act, 1994 as amended by the amendment of 2003 and in particular section 40(1) thereof, which is reproduced below:- 40 (1) without prejudice to the foregoing provisions of this act, the authority shall, in the discharge of its functions and duties under this act, be bound by such directions on questions of policy as the central government may give in writing it from time to time. ..... on 30th august, 2013 the respondents filed affidavit in reply stating that the demand of ccl was not agreed to by aai at a meeting of the joint consultative machinery and representatives of airports authority employees union. .....
Tag this Judgment!Court : Delhi
..... are made under section 42 of the airports authority of india act, 1994 and the circular dated 19th february, 2007 requires prior clearance to the ground handling agencies and in the event, any company comes to adverse notice, the same is not allowed to work at the airport and shall be liable to be removed ..... of the decision, the division bench held as follows: there is no difficulty in accepting the submission of mr.rajagopalan that normally all public authorities have to act in consonance with the principles of natural justice and opportunity to explain ones position ought to be afforded to a person. ..... by this court in bycell communications india private limited (supra), it is not for this court, in exercise of its jurisdiction under article 226 of the constitution of india, to assess the materials and evidences on the basis of which the mha may act while seeking to withdraw the security ..... need to act strictly in accordance with regulations and ensure that the circumstances spelled out in the regulation are satisfied, before any order adverse to the interest of the agent is passed by the authorities. ..... the licensing authority applied its mind to the material placed before it and thereafter deemed it necessary for the security of the public peace or for public safety to initiate action under section 17(3)(b) of the act. ..... corporate, where the company is held by nris, is to safeguard against the presence of persons with doubtful credentials, who may act against the interests of india. .....
Tag this Judgment!Court : Delhi
..... the act and all other powers enabling hereunto and the previous approval of central the government the ..... title comments2003regulations omit the words with the previous approval of the central government airports authority of india (general conditions of service and remuneration of employees) regulations, 2003 in exercise of the powers conferred by clause (b) of the sub- section (2) of section 42 of the airports authority of india act, 1994 (55 of 1994), the airport authority of india hereby makes the following regulations, namely;- international airports authority of india (general conditions of service) regulations, 1980 37 in exercise of the powers conferred by clause (b) of the sub- regulation (2) of section of international authority airports act, 1971 (43 of 1971) read with sub- section (2) of section 38 of .....
Tag this Judgment!Court : Karnataka
..... clause 28.4.2 reads as under: it is clarified that the concessionaire shall not be entitled to levy or seek the right to levy on users, any development fee under section 22a of the airports authority of india act, 1994 and any rules made thereunder, including the airports authority of india (major airports) development fee rules, 2011 .36. ..... the statutory provisions as contained under the aircraft act, 1934 and aircraft rules, 1937 read with airports authority of india act, 1994 as amended from time to time empowers the government to lease the premises of any airport to carry out some of its function in the public interest or in the interest of better management of the airports. ..... the petitioner-aae union in view of this has raised various grounds before this court and the contention of the petitioner-aae union is that the entire action of the respondents in respect of privatisation of the airports is contrary to the statutory provisions as contained under sections 12 and 12a of the airports authority of india act, 1994 (for short 'aai act of 1994'). ..... it is nobody's case that the aai has handed over all the functions under section 12(3) of the airports authority of india act, 1994.24. .....
Tag this Judgment!Court : Delhi
..... the airports authority of india act, 1994 has been enacted to provide for the constitution of 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 therewith or incidental ..... the government of india, as part of its policy of liberalization entrusted the functions of management of airports in india to the airports authority of india (aai) established under the airports authority of india act, 1994 (for short 'aai act'). ..... (c) no.11047/2016 page 2 of 41 india act, 1994 and in the alternative if any provision of the airports authority of india act, 1994 permits the said policy then the relevant provision of the aai act may be declared ultra vires article 14 of the constitution; (b) in the alternative, declare that the impugned words (excluding ppp) in clause 12(d) of the ncap policy do not apply to the airport projects operated by the... .....
Tag this Judgment!Court : Supreme Court of India
..... 1 july 2010, the definition, of airport service was as follows: to any person, by airports authority or any person authorised by it, in an airport or a civil enclave" section 65 (3d) defines airport authority as: airports authority of india constituted under section 3 of the airports authority of india act, 1994 (55 of 1994) and also includes any person having the charge of management of an airport or civil enclave . ..... the assessees had entered into joint venture arrangements/agreements (hereafter omda ) with the airports authority of india (hereafter aai , a body corporate created by the airports authority of india act, 1994 [hereafter aai act ].. ..... development fee the licensee may, - 5 (i) levy and collect at a major airport the user development fee at such rate as may be determined under clause (b) of sub-section (1) of section 13 of the airports economic regulatory authority of india act, 2008; (ii) levy and collect at any other airport the user development fees at such rate as the central government may specify. ..... the relevant provisions of the airports economic regulatory authority of india act, 2008 and the aircraft rules, 1937 are extracted below: section 13 of the airports economic regulatory authority of india act, 2008 sets out the functions of the authority, and inter alia, reads as follows: ..... that in respect of a major airport such rate shall be as determined under clause (c) of sub-section (1) of section 13 of the airports economic regulatory authority of india act, 2008. .....
Tag this Judgment!Court : Madhya Pradesh
..... has enacted an act known as airports authority of india act, 1994 (hereinafter referred to as 1994 act for brevity) for the purposes of establishing an authority to look after all activities related to construction and management of international and domestic airports, establishing air ..... .9.2013) 1: this petition under article 226 of the constitution of india by the two petitioners is directed against the order dated 10/17.10.2012 passed by the respondent no.1-union of india, in ministry of civil aviation, whereby a direction is given to fix the seniority of the merged employees and officers of international airports authority of india (hereinafter referred to as iaai for brevity) and national airports authority (hereinafter referred to as naa for brevity) from the date on ..... 5: the central government has framed certain regulations in exercise of its power and the regulations are known as the airports authority of india (general conditions of service and remuneration of employees) regulations 2003 (hereinafter referred to as the 2003 regulations for brevity).these regulations have been framed in ..... 1994 act, the iaai was established under the act known as the international airports authority act 1971 (hereinafter referred to as 1971 act for short).the naa was established under the national airports authority act, 1985 (hereinafter referred to as the 1985 act for short).on account of making of 1994 act both these acts of 1971 and 1985 were repealed under section 46 of the 1994 act .....
Tag this Judgment!Court : Mumbai
..... that if these definitions are read together with the definition of the term repair as appearing in the finance act, 1994 and as appearing in section 2(b) of the airport authority of india act, 1994, it would be apparent that repairs of road and airport is specifically excluded from the definition of commercial and industrial construction. ..... in such circumstances, when the definition of the term airport appearing in section 2(b) of the airports authority of india act, 1994 can be safely utilised and it includes the runways, then, it would be absurd to suggest that maintenance and repairs done to a road/open parking lot in a society building would not be considered a part ..... airport , as defined in the airports authority of india act, 1994 includes the runways and therefore, it would be absurd to suggest that maintenance or repairs done to roads which are part of the building or airport will not fall ..... under:- 65(3c) airport has the meaning assigned to it in clause (b) of section 2 of the airports authority of india act, 1994 (55 of 1994). 67. ..... placed upon the definition of the airport as appearing in section 2(b) of the airports authority of india act, 1994. ..... is engaged in providing management or repair of goods, equipments or properties service, commercial and industrial construction service and site formation and clearance, excavation and earthmoving and demolition service to various agencies like airport authority of india, municipal corporation of the city of nagpur and cpwd etc. .....
Tag this Judgment!Court : Delhi
..... brief facts6 under the airports authority of india act, 1994 it is the responsibility of the aai to develop, operate, manage and maintain ===================================================================== wp(c) 2516/2008 & wp(c) 2707/2008 page 3 of 32 airports in india in addition to maintaining related facilitation of air traffic control, and, other allied ..... aai has entrusted the petitioners with some of its functions under section 12 of the airports authority of india act and no service is being rendered by the aai to the petitioners in performance of ..... venture agreement (omda) has been entered into by aai so that the functions entrusted to aai under the airports ===================================================================== wp(c) 2516/2008 & wp(c) 2707/2008 page 28 of 32 authority of india act can be effectively carried out. ..... it may be pertinent to note, at this point, that the respondent no.4 airports authority of india (hereinafter referred to as aai) had treated the annual fee paid by the petitioners to aai as chargeable to service tax under the taxing entry renting of immovable property ..... (c) 2707/2008) to the respondent no.4 (airports authority of india {aai for short}); ===================================================================== wp(c) 2516/2008 & wp(c) 2707/2008 page 2 of ..... submissions on behalf of the airports authority of india (aai) ===================================================================== wp(c) 2516/2008 & wp(c) 2707/2008 page 11 of .....
Tag this Judgment!Court : Karnataka
..... the petitioner to construct upto the maximum height which does not affect the aircraft operations as may be determined in the aeronautical study based on the notified parameters for hal airport as on the date of issue of the noc, to be conducted by the respondent through airports authority of india or international civil aviation organization or any other recognized agency and direct the 1st respondent to revalidate the no objection certificate dated 28.10.2011 issued by it, for a further ..... he would further contend that the provisions of section 9-a of the aircrafts act, 1934 provides height of the building around airports and the central government is empowered to issue notification, if necessary and expedient so to do for the safety of aircraft operations, it may, by ..... petitioner that the 1st respondent was vested with the responsibility to issue noc for construction of structures around hal aerodrome by notification no.s.o.84(e) dated 14.01.2010 issued by the ministry of civil aviation, government of india, in exercise of powers conferred under the provisions of section 9a of the aircraft act, 1934, to regulate construction for the safety of aircraft operations. ..... it is further contended by the 1st respondent that the provisions of the aircraft act, 1934 (for short, the act ) has been enacted to make provisions for the control of the manufacture, possession, use, operation, sale, import and export of aircrafts and in furtherance of the said object, section 9-a empowers the .....
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