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The Delhi High Court on Wednesday sought a detailed explanation from different authorities running IGI Airport on levy of Airport Development Fund (ADF) from passengers.
A Division Bench of Chief Justice A P Shah and Justice Neeraj Kishan Kaul ordered the Civil Aviation Ministry,Airport Authority of India and the Delhi International Airport Limited (DIAL) to explain on July 8 how charging ADF is legally valid.
This is a serious issue affecting many; we want all of you to address this matter in detail in the next hearing, the Bench said.
Civil Aviation Ministrys counsel Anjana Gossain said no formal notices were issued but all three of us have been asked to give detailed reasons for (levying of) ADF.
The court is hearing a petition filed by an organisation called Resources for Aviation Redressal Association,challenging ADF collected from passengers without providing them any extra facilities at IGI. Calling the additional fee illegal,the association told the court,Charging of ADF must have some necessary nexus and co-relation with the value services offered to the traveling public.
It said though the airport is being expanded,services provided to passengers have not increased.
Outgoing domestic passengers at IGI are charged Rs 200,and international commuters have to pay Rs 1,300 as ADF for a period of three years,the association stated in its petition.
The petition also takes on DIAL,the private operator in charge of airport management at IGI Airport: DIAL has no power of jurisdiction to levy or collect ADF from passengers. ADF causes undue burden on the travelling public and is being illegally levied; (it is) not in public interest. Besides,travellers already pay a passenger service fee.
The petition told the court that ADF violates Section 22-A of the Airport Authority Act,1994,which states that the airport authority concerned should first seek the Centres approval before charging any fee or rent for facilities.
The association also questioned DIALs powers to collect ADF. ADF is a fee, it said,and therefore (should) not be levied or collected by DIAL. Law authorises only the airport authority to levy the fee at a rate prescribed by the Centre. This power cannot be sub-delegated (to DIAL).
Terminal 1B shuts
Built in the 1940s,Terminal 1B of IGI Airport will shut doors for commercial operations from Thursday. The three remaining domestic airlines Jet Airways,JetLite and SpiceJet shifted base to the new domestic terminal 1D on Wednesday.
Indigo Airlines,Kingfisher Red and Kingfisher Airlines were the first to shift to the new terminal; GoAir shifted from Terminal 1B to 1A on April 19. There has been no change in operations of Air India (Indian) and MDLR Airlines they will continue operation from Terminal 1A.
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