Case Details Delhi International Airport Ltd. vs Airports Economic Regulatory Authority & Ors.

Court

Supreme Court of India

Date

4 December 2023

Case No.

Miscellaneous Application No.1721/2023 in C.A. No.8378/2018

Result

Disposed

Bench

Sanjay Kishan Kaul, M.M. Sundresh

Citation

[2023] 15 S.C.R. 802 : 2023 INSC 1046

Issue for consideration

Effect of letter dtd.24.05.2011 produced by the applicants herein in computing Hypothetical Regulatory Asset Base (HRAB). As prayed, judgment in Delhi International Airport Limited v. Airport Economic Regulatory Authority of India whether to be modified or the matter to be remitted to TDSAT to examine the effect of the aforesaid letter for the limited issue qua computation of HRAB. Computation of Hypothetical Regulatory Asset Base (HRAB) – Effect of letter dtd.24.05.2011 – Controversy in relation to computation of HRAB was set out in Delhi International Airport Limited v. Airport Economic Regulatory Authority of India reported as [2022] 11 SCR 869 – View adopted by Airport Economic Regulatory Authority of India (AERA) and TDSAT received imprimatur of this Court– Now, an internal correspondence, a letter dated 24.05.2011 between the Ministry of Civil Aviation and AERA is produced by the applicants stating to have given rise to an error apparent on the face of the record in the aforesaid judgment – Plea of the applicants inter alia that the letter relates back to the core issue of calculation of HRAB by the method of back solving and this Court had confined its finding to the expression “pertaining to aeronautical services” but the aspect of ‘single till’ was not dealt with and that HRAB should be computed on the basis of ‘single till’ mechanism – Judgment in Delhi International Airport Limited whether to be modified or the matter to be remitted to TDSAT to examine the effect of the letter dtd. 24.05.2011 for the limited issue qua computation of HRAB:

Headnote

Held: The nature of jurisdiction exercised by this Court is predicated on two specialist authorities/tribunals having applied their mind to it – It would be difficult to have a re-appreciation of evidence and facts, especially when admittedly the TDSAT has not opined on it – Not appropriate to venture into this aspect – However, the letter being in the nature of an internal communication privy to the non-applicants, should have been placed before the concerned authorities – It would be difficult to say at this stage whether it has any impact or not, until the opinion of the TDSAT is available – Effect of this document to be examined by the TDSAT – TDSAT may for the limited issue qua computation of HRAB examine the effect of the letter dtd. 24.05.2011, and take its own independent view on the impact of the same in computing HRAB and whether ‘single till’ mechanism should be the basis of the computation. [Paras 14, 15]

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT SANJAY KISHAN KAUL, J. 1. We thought that our judgment in Delhi International Airport Limited v. Airport Economic Regulatory Authority of India1 would have resolved all the issues. It appears not. 2. Applications have been filed by both Delhi International Airport Limited (DIAL) and Mumbai International Airport Limited (MIAL) predicated on the discovery of what is stated to be a ‘new and important piece of evidence’, which was not within the knowledge of the applicants even after exercising due diligence. The applicants have referred to a lett

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