Telangana High Court
Gmr Hyderabad International Airport ... vs Union Of India, on 17 October, 2019
Author: A.Rajasheker Reddy
Bench: A.Rajasheker Reddy
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT PETITON No.3780 of 2018
ORDER:
This writ petition is filed with the following prayer:
"It is therefore prayed that this Hon'ble Court may be pleased to issue a Writ, order or direction more particularly, one in the nature of Mandamus declaring the action of the 2nd respondent in issuing Order No.30/2017-2018 dated 19.12.2017 and seeking to determine the Aeronautical Tariff in respect of the petitioner for the 2nd Control Period (01.04.2016 to 31.03.2021) during the pendency of WP No.22474 of 2014 and Appeal No.2 of 2014 as illegal, arbitrary, unconstitutional and contrary to the provisions of AERA Act and the Concession Agreement dated 20.12.2004 and consequently declare and direct that any determination made by the 2nd respondent in relation to the tariff with respect to the 2nd Control Period (01.04.2016 to 31.03.2021) would be given effect to only after the issues relating to the Pre-Control Period deficit, Cargo, Ground Handling, Fuel Services and Forex Losses, etc., are finally adjudicated in WP No.22474 of 2014 and Appeal No.2 of 2014 for the 1st Control Period (01.04.2011 to 31.03.2016) and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case."
Heard Sri S.Niranjan Reddy, learned Senior Counsel for Rubaina S Khatoon, learned counsel for the petitioner, learned Assistant Solicitor General for respondents 1 to 3.
Learned counsel appearing for the parties submits that the appellate powers under the Airports Economic Regulatory Authority of India Act, 2008 have been conferred on the 3rd respondent-TDSAT.
Since issue in this writ petition and issue in Writ Petition Nos.22474 of 2014 & 27390 of 2015 is one and the same, which are disposed of today directing the petitioners therein to approach the TDSAT, the 3rd respondent herein, this Court is also not inclined entertain this writ petition, as the alternative and statutory forum is available.
For the reasons alike in the Common Order in WP Nos.22474 of 2014 & 27390 of 2015, which is pronounced today, this Writ Petition is also disposed of with a liberty to the petitioner to file appeal against impugned proceedings dated 19.12.2017 before the 3rd respondent-TDSAT, raising all the contentions, which are raised before this Court. The 3rd respondent-Appellate Tribunal is to consider the same and pass appropriate orders, in accordance with law, as expeditiously as possible. However, interim direction granted in I.A No.1 of 2019 in the writ petition on 07.02.2018 shall continue4ed for a period of eight weeks enabling the petitioner to prefer Appeal.
There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition, shall stands closed.
_________________________ A.RAJASHEKER REDDY,J 17-10-2019 kvs HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.3780 of 2018 Date 17.10.2019.
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