BANGALORE INTERNATIONAL AIRPORT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge in the writ petition is to the order dated 11 th May, 2011 of the Appellate Tribunal under the Airports Economic Regulatory Authority of India Act, 2008, dismissing the Appeal No. 2/2011 preferred by the petitioner as not maintainable.

(2.) THE said appeal had been preferred by the petitioner against the Order No.13/2010-11 dated 12th January, 2011 passed by Airport Economic Regulatory Authority constituted under the said Act.

(3.) THE senior counsel for the respondent appearing on advance notice has stated that in fact it was so observed by the Appellate Tribunal also while disposing of the appeal No. 2/2011 as not maintainable vide order dated 11 th May, 2011 (supra). He has also fairly stated that he has no objection to it being clarified that the dismissal of the appeal No. 2/2011 would not be construed as the grounds/pleas taken therein being not available to the petitioner in challenge to any subsequent decision in furtherance to the Order No. 13/2010-11 dated 12th January, 2011.