APPELLATE TRIBUNALCentral

Section 28 of The Airports Economic Regulatory Authority of India Act, 2008

No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

Summary

Ordinary civil courts are not allowed to handle lawsuits or proceedings about matters that the Appellate Tribunal has the power to decide.
No court or other authority is permitted to issue an injunction to stop actions taken under the powers of this Act.
This ensures that the Appellate Tribunal is the sole body dealing with these specific disputes without interference from regular civil courts.

Practical examples

1On August 14, 2025, Mr. Sharma is upset about an airport tariff charge and tries to file a lawsuit in his local city civil court. The judge dismisses his case immediately, explaining that only the Appellate Tribunal has the power to hear this issue.

2An airport service provider attempts to get a civil court to issue an injunction to stop a regulatory order on October 10, 2026. The court refuses, stating it lacks the authority to block actions taken under this Act.

FAQ

1. Can I sue an airport service provider in a normal civil court for matters covered by this Act?

No, normal civil courts do not have jurisdiction over matters the Appellate Tribunal is authorized to handle.

2. Can a civil court issue an injunction to stop a decision made under this Act?

No, civil courts and other authorities are strictly banned from granting injunctions against actions taken under this Act.

3. Who handles these disputes instead?

The Appellate Tribunal has the power to decide these specific matters.

Test yourself

Q1.Under Section 28 of The Airports Economic Regulatory Authority of India Act, 2008, what authority does a regular civil court have over a dispute that the Appellate Tribunal is empowered to determine?

Q2.Under Section 28 of The Airports Economic Regulatory Authority of India Act, 2008, what specific type of legal relief is banned from being granted by any court regarding actions taken under this Act?

Q3.Under Section 28 of The Airports Economic Regulatory Authority of India Act, 2008, who is barred from granting an injunction against actions taken under this Act?

Q4.Under Section 28 of The Airports Economic Regulatory Authority of India Act, 2008, what triggers the restriction on a civil court's jurisdiction?

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