Pvt operators can collect ADF, govt tells Delhi High Court
The govt defended in the Delhi HC delegating its powers to collect the airport development fee to Delhi International Airport Ltd and Mumbai International Airport Ltd (MIAL) from domestic and international passengers.
By PTI |
NEW DELHI: The government on Wednesday defended in the Delhi High Court delegating its powers to collect the airport development fee (ADF) to Delhi International Airport Ltd (DIAL) and Mumbai International Airport Ltd (MIAL) from domestic and international passengers.
Solicitor General of India Gopal Subramanium submitted before a Division Bench headed by Chief Justice A P Shah that the government has delegated its powers to the private airports to collect the ADF.
Subramanium further said that the government has delegated the functions of the Airports Authority of India of maintaining, modernising and developing new greenfield airports to private companies by leasing the existing airports and through joint ventures.
On asked by the Bench "how the government delegated the powers of AAI to the private players" as "no power is conferred on the private airports to levy tax (and) there is nothing in the AAI Act (on this)", Subramanium said "any statutory agreement with private operators (under the AAI Act) (goes) with the assignment of (AAI's) functions also ..."
"The government has assigned them the functions of the authority (AAI) while leasing them airports and by law the lease is treated as a statutory assignment," said Subramanium.
Solicitor General of India Gopal Subramanium submitted before a Division Bench headed by Chief Justice A P Shah that the government has delegated its powers to the private airports to collect the ADF.
Subramanium further said that the government has delegated the functions of the Airports Authority of India of maintaining, modernising and developing new greenfield airports to private companies by leasing the existing airports and through joint ventures.
On asked by the Bench "how the government delegated the powers of AAI to the private players" as "no power is conferred on the private airports to levy tax (and) there is nothing in the AAI Act (on this)", Subramanium said "any statutory agreement with private operators (under the AAI Act) (goes) with the assignment of (AAI's) functions also ..."
"The government has assigned them the functions of the authority (AAI) while leasing them airports and by law the lease is treated as a statutory assignment," said Subramanium.
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