Section 28A of The Airports Authority of India Act, 1994
1[28A. Definitions.--In this Chapter, unless the context otherwise requires,--
- (a)airport premises means any premises--
- (i)belonging to airport;
- (ii)taken on lease for the purposes of airport;
- (iii)acquired for the Authority under the provisions of the Land Acquisition Act, 1894 (1 of 1894) or any other corresponding law for the time being in force. Explanation.--For the removal of doubts, it is hereby declared that for the purposes of this clause, airport includes private airport;
- (b)eviction officer means an officer of the Authority appointed as such by it under section 28B;
- (c)premises means any land or building or part of a building, and includes--
- (i)the garden, grounds and outhouses, if any, appertaining to such building or part of a building; and
- (ii)any fittings affixed to such building or part of a building for more beneficial enjoyment thereof;
- (d)rent, in relation to any airport premises, means the consideration payable periodically for the authorised occupation of the premises, and includes--
- (i)any charge for electricity, water or any other service in connection with the occupation of the premises; and
- (ii)any tax, by whatever name called, payable in respect of the premises; 2*****
- (f)unauthorised occupation, in relation to any airport premises, means the occupation by any person of the airport premises without authority for such occupation and includes the continuance in occupation by any person of the airport premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever.]
Summary
- This section defines key terms used for evicting people who should not be on airport property.
- "Airport premises" covers any land or building belonging to an airport, leased for an airport, acquired for the Authority, or a private airport.
- "Premises" includes not just buildings, but also attached gardens, grounds, outhouses, and physical fittings.
- "Rent" means the money paid for authorised use of the space, including charges for electricity, water, and any taxes on the property.
- "Unauthorised occupation" means someone is using the airport premises without permission, or they stayed after their lease or permission ended.
- An "eviction officer" is an officer appointed by the Authority under Section 28B to handle these matters.
Practical examples
FAQ
1. Does this law only apply to government-owned airports?
No, the definition of "airport premises" explicitly includes private airports as well as leased or acquired land.
2. If my lease is cancelled early, am I an unauthorised occupant?
Yes, if the authority under which you were allowed to occupy the premises has been determined (ended) for any reason, your continued stay is unauthorised.
3. Are outdoor gardens considered part of the building premises?
Yes, the law specifically includes gardens, grounds, and outhouses appertaining to the building as part of the premises.
Test yourself
Q1.Under Section 28A of The Airports Authority of India Act, 1994, what does the legal term "rent" include besides the basic periodic payment for occupying the space?
Q2.Under Section 28A of The Airports Authority of India Act, 1994, which of the following scenarios makes someone an "unauthorised occupant"?
Q3.Section 28A of The Airports Authority of India Act, 1994 defines "airport premises". Based on this definition, which of the following is strictly excluded?
Q4.Section 28A of The Airports Authority of India Act, 1994 defines an "eviction officer" by referencing Section 28B. Based on this connection, what kind of professional serves as an eviction officer?