Section 18 of The Airports Economic Regulatory Authority of India Act, 2008
- (1)The Central Government or a State Government or a local authority or any person may make an application to the Appellate Tribunal for adjudication of any dispute as referred to in clause (a) of section 17.
- (2)The Central Government or a State Government or a local authority or any person aggrieved by any direction, decision or order made by the Authority may prefer an appeal to the Appellate Tribunal.
- (3)Every appeal under sub-section (2) shall be preferred within a period of thirty days from the date on which a copy of the direction or order or decision made by the Authority is received by the Central Government or the State Government or the local authority or the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may entertain any appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
- (4)On receipt of an application under sub-section (1) or an appeal under sub-section (2)/i@, the Appellate Tribunal may, after giving the parties to the dispute or the appeal an opportunity of being heard, pass such orders thereon as it thinks fit.
- (5)The Appellate Tribunal shall send a copy of every order made by it to the parties to the dispute or the appeal and to the Authority, as the case may be.
- (6)The application made under sub-section (1) or the appeal preferred under sub-section (2) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the application or appeal finally within ninety days from the date of receipt of application or appeal, as the case may be: Provided that where any such application or appeal could not be disposed of within the said period of ninety days, the Appellate Tribunal shall record its reasons in writing for not disposing of the application or appeal within that period.
- (7)The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness, of any dispute made in any application under sub-section (1), or of any direction or order or decision of the Authority referred to in the appeal preferred under sub-section (2), on its own motion or otherwise, call for the records relevant to disposing of such application or appeal and make such orders as it thinks fit.
Summary
- The Central Government, a State Government, a local authority, or any person can apply to the Tribunal to settle a dispute or to appeal an order made by the Authority.
- The Tribunal must give all parties involved in a dispute or appeal a chance to be heard before making an order.
- The Tribunal can demand to see the records of a dispute or an Authority decision, either on its own or if asked, to check if everything was handled legally and correctly.
Practical examples
FAQ
1. Who is allowed to file an application for a dispute settlement at the Tribunal?
The Central Government, a State Government, a local authority, or any person can make an application.
2. Will I get a chance to speak my side of the story during an appeal?
Yes, the Tribunal is required to give the parties to the dispute or the appeal an opportunity of being heard before passing an order.
Test yourself
Q1.Under Section 18 of The Airports Economic Regulatory Authority of India Act, 2008, what is the standard time limit for preferring an appeal against a decision made by the Authority?
Q2.Under Section 18 of The Airports Economic Regulatory Authority of India Act, 2008, what is the Appellate Tribunal required to do if it cannot dispose of an application or appeal within the target period of 90 days?
Q3.Under Sections 17 and 18 of The Airports Economic Regulatory Authority of India Act, 2008, which entities have the standing to apply to the Appellate Tribunal to adjudicate a dispute between a service provider and a group of consumers?
Q4.Under Section 18 of The Airports Economic Regulatory Authority of India Act, 2008, what power does the Appellate Tribunal have regarding the official records of a dispute or an appeal?