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Supreme Court Clarifies AERA’s Role in Tariff Regulation, Permits Appeals Against TDSAT Decisions

Last Updated: 19-10-2024 12:46:45pm
Supreme Court Clarifies AERA’s Role in Tariff Regulation, Permits Appeals Against TDSAT Decisions

The Supreme Court, in its judgment dated October 18, 2024, conveyed within the case of Airports Economic Regulatory Authority of India (AERA) vs. Delhi International Airport Ltd. & Ors., tended to pivotal questions with respect to the administrative and adjudicatory capacities of AERA in deciding taxes for aeronautical administrations at air terminals.

AERA, set up beneath the Airports Economic Regulatory Authority of India Act, 2008, is entrusted with directing duties and observing execution guidelines for airplane terminals over the nation. The debate emerged when AERA recorded an offer against judgments passed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT). The tribunal had ruled on things related to AERA's duty judgments, which were challenged by air terminal administrators. 

One of the most important problems in the case was whether AERA, a regulatory entity, has the legal standing to initiate an appeal against TDSAT orders. The respondents contended that AERA, as a quasi-judicial organization, should not have the authority to dispute decisions based on its own findings. They argued that such appeals would violate the standards of judicial neutrality and fairness. 

However, the Supreme Court determined that AERA's tariff determination function is regulatory rather than solely adjudicatory, allowing it to review TDSAT findings. The Court noted that AERA protects the public interest by promoting openness and justice in airport tariff regulation. The court clarified that AERA might intervene as a respondent in appeals if its regulatory judgments are challenged.

The Court's administering fortifies AERA's position as a administrative specialist with the proper to protect its choices and offer against tribunal decisions when vital for the bigger open great. 

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TAGS: Supreme Court AERA Airports Economic Regulatory Authority tariff regulation TDSAT Delhi International Airport regulatory authority aeronautical services public interest airport tariffs.


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