Delhi High Court - Orders
Aero Club Of India vs Union Of India & Ors on 22 May, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9414/2022 and CM APPL. 28166/2022, 28167/2022,
16278/2023
AERO CLUB OF INDIA ..... Petitioner
Through: Mr Rajiv Pratap Rudy, with Mr.
Yashvardhan Bandi, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Ms Arunima Dwivedi CGSC with
Ms Pinky Pawar and Mr Aakash
Pathak Advs (M: 9810916537).
Mr. Digvijay Rai & Mr. Archit
Mishra, Advocates for Respondent
No. 2/ Airports Authority of India
(M: 98731035900).
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 22.05.2023
1. This hearing has been done through hybrid mode.
2. The present petition challenges the impugned order dated 17th July, 2017 which has been passed by the Eviction Officer in Eviction Case No.12/2016 titled Airports Authority of India v. Aero Club of India.
3. The question that has been raised in the application is as to which would be the forum where appeals under Section 28K(1) of the Airports Authority of India Act, 1994 would be entertainable after the enactment of the Tribunal Reforms Act, 2021.
4. The said question has also been considered by the Committee constituted to look into the provisions of the Tribunals Reforms This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 19:45:48 (Rationalisation and Conditions of Service) Ordinance, 2021, and Tribunal Reforms Act, 2021.
5. On behalf of the Respondent an application, CM APPL. 16278/2023 has been moved seeking the dismissal of the petition on the ground that the only remedy available to the Petitioner would be an appeal as per the Airports Authority of India Act, 1994 as amended by the Tribunals Reforms Act, 2021. Accordingly, vide order dated 6th April, 2023, the Registry was directed to put up a report as to which would be the roster bench to hear this matter.
6. Today, in compliance with the direction given in order dated 6th April, 2023, a report has been received from the Registry in the following terms:-
"Reference order dated 06.04.2023 passed by Hon'ble Court in W.P.(C) No. 9414/2022 titled 'Aero Club of India Vs. Union of India & Ors,' wherein the Registry has been directed to put up a report in terms of the recommendations made by the Committee constituted to look into the provisions of the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 and Tribunals Reforms Act, 2021, as to which would be the Roster Bench to hear this matter. In this regard it is submitted that as per the above mentioned constituted Committee & The Airport Authority of India Act, 1994 an appeal (FAO) would be maintainable u/s 28K (1) against the impugned order dated 01.07.2017 and the limitation prescribed is of 15 days from the date of order."
7. In view of the above report, the Petitioner is permitted to file an appeal within two weeks. The period during which the present writ remained pending before this Court shall be excluded for the purposes of calculating the period of limitation in filing of the Appeal. If such an appeal is filed, the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 19:45:48 same shall be numbered as FAO and be listed before the appropriate Bench.
8. The Petition is disposed of with all pending applications, if any. This Court has not examined the merits of the matter.
PRATHIBA M. SINGH, J MAY 22, 2023 mr/am This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 19:45:48