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Supreme Court of India 2023-12-04 disposed

DELHI INTERNATIONAL AIRPORT LTD vs AIRPORTS ECONOMIC

Bench: 2 — Sanjay Kishan Kaul, M. M. Sundresh

In Brief

Delhi International Airport Limited (DIAL) and Mumbai International Airport Limited (MIAL) sought reconsideration of a judgment concerning the computation of the Hypothetical Regulatory Asset Base (HRAB) for tariff regulation. They produced a newly discovered 2011 letter from the Ministry of Civil Aviation discussing the methodology for back-solving the initial aeronautical Asset Base. The Supreme Court held that rather than re-examine evidence itself, it would direct the specialist tribunal TDSAT to independently assess whether this document affects HRAB computation, particularly concerning the 'single till' mechanism that treats aeronautical and non-aeronautical revenue as composite. The Court emphasised TDSAT's independence and preserved parties' rights to challenge TDSAT's revised determination."

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Aviation Law Regulatory Determination Asset Base Calculation Evidence Remand

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