Annexure II - AERA
Annexure II - AERA
Annexure II - AERA
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Conclusion<br />
c. Concession Agreement vis-a-vis Land usage<br />
The Concession Agreement signed with the Union of India through MoCA<br />
has clearly earmarked two distinct set of activities namely: Airport activities<br />
and Non Airport activities. Details of these activities have been laid down in<br />
Schedule 3 Part I and Part <strong>II</strong> respectively. The Non Airport activities include<br />
various Real Estate related ventures and the entire list of Non Airport<br />
Activities as per Part <strong>II</strong> of schedule 3.<br />
Further, as per Article 13.5.2 GOI has the option of not taking over the !'Jon<br />
Airport Activities at the end of concession period and this clearly<br />
substantiates that the Airport Activities and Non-Airport Activities are two<br />
stand alone activities and that HIAL has the right to use the land for the said<br />
two activities distinctively.<br />
This clearly goes on to show that the Concession Agreement contemplated a Dual Till. If<br />
a single till was envisaged, the GOI would have opted to take over the Airport and Non<br />
Airport activities (which includes Real Estate).<br />
d. <strong>AERA</strong> act:<br />
Definition of airports as per <strong>AERA</strong> Act, 2008 is as under<br />
"Airports" means a landing and taking off area for aircrafts, usually with<br />
runways and aircraft maintenance and passenger facilities and includes an<br />
aerodrome as defined in clause (2) ofsection 2 of the Aircraft Act, 1934.<br />
Definition of aerodromes as per Aircraft Act, 1934<br />
<strong>Annexure</strong> <strong>II</strong>-B<br />
"Aerodrome" means any definite or limited ground or water area intended to be<br />
used, either wholly or in part, for the landing or departure of aircraft, and<br />
includes allbuildings, sheds, vessels, piers and other structures thereon or<br />
appertaining thereto;<br />
Consequent to the provisions of the <strong>AERA</strong> Act, the authority given to <strong>AERA</strong> is to<br />
determine the charges for aeronautical services at the Airports only . By virtue of<br />
the definition of 'Airport', the jurisdiction. of <strong>AERA</strong> is confined only to the area<br />
for landing and taking off of aircraft. The proposal of ring fencing and reducing<br />
value of land, etc. are not envisaged in the <strong>AERA</strong> Act.<br />
By proposing exclusion of land from RAB by the prevailing market value of land<br />
that is associated with assets which provide amenities/facilities/services that<br />
are not related to or normally provided as part of airport services, or do not<br />
CP No. 9/2013-14/T-12023(14)/1/2012- Tariff- Vol - <strong>II</strong>I <strong>Annexure</strong> <strong>II</strong>-B Page 10 of 51<br />
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