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5. Assailing the order of detention of the aircrafts belonging to respondent No.1 by Delhi International Airport Limited (short for 'DIAL'), Airport Authority of India (short for 'AAI') and Mumbai International Airport Limited (short for 'MIAL') and challenging vires Regulation 10 of the Airport Authority of India (Management of Airports) Regulations, 2003, respondent No.1 filed writ petition before the Delhi High Court.

6. During pendency of the writ petition, on 26.3.2013 a meeting was held regarding release of the aircrafts of respondent No.8 by the airport operators. The participants in the meeting included representatives of (a) Ministry of Civil Aviation (MCA), (b) Central Board of Excise & Customs (CBEC), (c) Director General of Civil Aviation (DGCA), (d) Airports Authority of India (AAI), (e) Delhi International Airport Pvt. Ltd. (DIAL), (f) Mumbai International Airport Pvt. Ltd. (MIAL). After detailed discussions various decisions were made. It was inter- alia decided that:-

9. We have heard Mr. K. Radhakrishnan, learned Senior Counsel appearing for Union of India and Mr. Neeraj Sharma, learned counsel appearing for respondent No.1. We have carefully considered the rival contentions and perused the impugned order and material on record.

10. Section 22 (i)(a) of the AAI Act confers powers to charge fees, rent etc. for the landing, housing or parking of aircrafts. These charges for landing, housing and parking are fixed by Airport Economic Regulatory Authority (short for 'AERA') during the tariff determination procedure undertaken after extensive consultation with the stake holders. Section 42(2)(o) of the AAI Act empowers the authority to make regulations not inconsistent with the AAI Act and the Rules made thereunder generally for the efficient and proper management of the airport or civil enclave. It is relevant to refer to Regulation 42 which reads as under:-

"42.(1) The authority may make Regulations not inconsistent with this Act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such Regulations may provide for -.....
(o) generally for the efficient and proper management of the airport or civil enclave."

11. In exercise of the powers under Regulation 42 (2)(o), AAI notified the Airport Authority of India (Management of Airports) Regulations, 2003 (short for 'AAI Regulations'). In this appeal, we are concerned with Regulation 10 which reads as under:-

14. According to Union of India, Government has the sole prerogative to take a decision by virtue of Section 40 of the AAI Act and in the present case minutes of the meeting dated 26.03.2013 is the decision of the Central Government which is in accordance with law.

15. The High Court has mainly relied upon minutes of the meeting dated 26.3.2013. It has neither gone into the question whether the minutes of the meeting, where decision was taken by the Central Government in accordance with the provision of Section 40 of the AAI Act nor it had examined the vires of Regulation 10. The High Court had only referred to the minutes of the meeting and disposed of the writ petition, recording the statement of the learned counsel for the petitioner that the directions as per the minutes of the meeting are complied with. It has to be seen whether the minutes of the meeting dated 26.3.2013 would amount to a general order or special order passed by the Central Government and whether it would override the powers of the Airport Authority of India under Regulation 10.