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2017 DIGILAW 957 (SC)

Air India Ltd. v. Delhi International Airport Pvt. Ltd.

2017-07-03

AMITAVA ROY, ARUN MISHRA

body2017
ORDER : Leave granted. 2. Heard learned counsel for the parties. 3. The only question which we are required to decide is about the order passed by the High Court of Delhi at New Delhi in LPA No. 670 of 2014 that the Tariff determined by the Airport Economic Regulatory Authority (in short "the AERA") for the First Control Period vide Tariff Order No.03/2012-2013 dated 20.04.2012 shall continue till the disposal of the appeals pending against the said Tariff Order as quoted herein below : "(iii) The tariff determined by AERA for the First Control Period vide Tariff Order No. 03/2012-2013 dated 20.04.2012 shall continue till the disposal of the appeals pending against the said Tariff Order, by the AERAAT." 4. After hearing learned counsel for the parties, we are of the opinion that since fresh Tariff Order has already come into force and ultimately the amount which have to be recovered is also recovered from the passengers at the Delhi Airport and at the other Airports the second Tariff Order No. 40/2015-2016 dated 8.12.2015 has already been implemented, this direction calls for interference. Unfortunately the appeal filed by the respondents is still pending consideration before the AERAAT. Let the AERAAT decide the appeal filed by the respondent within a period of two months from today. However, at the same time the order passed by the High Court to continue the Tariff Order No. 3/2012-2013 dated 20.04.2012 is hereby vacated and the fresh Tariff Order No. 40/2015-2016 dated 8.12.2015 shall be implemented forthwith. However as per the interim order of High Court, the Tariff Order dated 20.4.2012 has continued so far, and therefore its effect and ultimate equities will have to be worked out at the time of the final decision of the appeal by AERAAT. Let the AERAAT make endeavour to decide the same exepeditiously preferably within two months. Parties have assured us of co-operation. 5. The appeal stands disposed of with aforesaid modification of the order.