The Civil Aviation Ministry has ruled out the possibility of amending the Airports Authority of India (Major Airports) Development Fees Rules, 2011, which allowed the levy of development fee by private airports.
The Opposition has moved amendments to the rules in the Rajya Sabha saying that the Government should not levy development fee from the passengers. The matter, which could not be taken up in the winter session, is likely to be considered during the current session of Parliament.
Legally in order
In a letter to the CPI (M) MP, Mr K.N. Balagopal, who has moved the amendments in the Upper House, the Civil Aviation Minister, Mr Ajit Singh, said that the rules framed are in accordance with the provisions of the Airports Authority of India Act and are legally in order.
Mr Balagopal had challenged the Government's decision to allow the private airports to levy development fee.
He had said in a letter to Mr Singh that no charges should be levied unless the amendments to the rules are discussed in the Rajya Sabha.
Law Ministry views
Mr Singh said in his reply that the Ministry examined the modifications proposed by Mr Balagopal.
“I would further like to inform you that modifications suggested by you were also examined in consultation with the Ministry of Law and Justice which is of the considered opinion that rules framed under the Act are in accordance with provisions of the AAI Act and are legally in order,” Mr Singh said.
Mr Singh told Business Line that the new set of rules for the AAI Act were laid after a Supreme Court order on the issue of collecting development fee.
“Two airports have already started using the fee for the development of infrastructure. So, there is no point now in amending the rules,” he said.
Mr Balagopal, however, challenged this position. “The Minister is trying to protect private airports by misinterpreting the Supreme Court order. His letter is misleading. Parliament has the absolute authority to amend rules and the matter should be discussed in the Rajya Sabha at the earliest,” Mr Balagopal said.