AYAMU C K Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in these cases have approached this Court aggrieved by the levy imposed on the international passengers boarding from Calicut Airport. Exhibit R2(a) in O.P. No. 13461/1996 is the order impugned in these original petitions. That order was issued by the Government of India under S. 17 of the National Airports Authority Act, 1985 granting approval "to the imposition of a Development User's Additional Fee from embarking international passengers at Calicut Airport in Kerala at a uniform rate of Rs. 500/- per passenger". It is ordered that the "amount so collected would be utilised for the expansion and development of the Calicut Airport runway in accordance with the Memorandum of Understanding to be signed between National Airports Authority and the Malabar International Airports Development Society". Subsequently, that was modified by Ext. R2(b) dated 4/04/1995 to the effect that the amount collected would be used for payment of interest on the amount raised by Malabar International Airport Development Society (MIADS) for the expansion and development of the Calicut airport runway. The petitioners contend that the levy imposed by Ext. R2(a) is unauthorised as the levy is really made by the said society and not by the Airport Authority. In terms of S. 17 of the Act the Airport Authority alone can charge any fee or rent from the passengers. The society cannot charge such fee. So, it is an unauthorised collection of levy. It is also contended that for the expansion of runway such fee cannot be collected even by the Airport Authority from the passengers. Development of runway is for the purpose of landing, housing or parking of aircraft or for any other service or facility offered in connection with aircraft operation and such fee can be levied only from the airliners and not from the passengers. So, on that ground also, it is an unauthorised levy.

(2.) Section 17 of the National Airports Authority Act, 1985 which is now superseded by the Airports Authority of India Act, 1995 (1994) reads as follows : "17. Power of the Authority to charge fees, rent etc.

(3.) The scheme of the said Section is that the power to collect any fee vests with the Airport Authority. Previous approval of the Central Government has to be obtained. The Airport Authority is enabled to charge fees for landing, housing or parking of aircraft or for such other facility offered in connection with the aircraft operations. The Airport Authority can also charge fee for providing air traffic services, ground safety services, aeronautical communications and navigational aids and meteorological services. These are facilities rendered to airliners. Necessarily any fee or charge or rent shall be levied only from them, under the said heads. Under the said section, the airport authority is also enabled to collect fee from the passengers for the amenities given to them and the visitors in any aerodrome, civil enclave or heliport and for the use and enjoyment by persons of facilities and other services provided at aerodrome or heliport. The runway or its development is not an amenity given to the passengers or the visitors, or is not a facility for enjoyment by persons the services provided at aerodrome or civil enclave or heliport. The runway and its development is a service rendered for the purpose of landing, housing and parking of aircraft. Those are services rendered to airliners. Therefore, such a levy can only be made from the airliners and not from passengers. Admittedly in these cases, both by airport authority and the said society, the levy is made for the purpose of paying the interest on the loan amount utilised for the development of runway. In other words, it is to meet expenses in connection with the development of runway. Such a levy can only be made from the airliners and not from the passengers. On that reason itself, the levy imposed on the onerous passengers is incompetent and unauthorised.