Annexure II - AERA

As already mentioned earlier, MoCA during the ad-hoc consultation had submitted that:
Ministrv of Civil Aviation has already seized of the larger issue of deciding the
regulatorv till /framework. As such, the views of this Ministry would be conveyed to
AERA on finalization ofthe issue.....
20. HIAL has now submitted its application for tariff determination with Authority and the
same is under consideration by the Authority.
As such there is a need for MoCA to issue a direction in the form of clarification to AERA :
(a) To adopt a Dual Till in compliance with provisions of Concession Agreement.
(b) Not to deduct the value of land meant for Non Airport Activities from RAB and
also not to consider the revenues generated therefrom, while fixing the
Regulated Charges, as per Concession Agreement at RGIA, Hyderabad.
21. We hereby reproduce various provisions of Concession Agreement as well as other
relevant documents and facts in support of our contentions:
A. Till Issue:
a. Provisions of Concession Agreement:
Article 10 of the Concession Agreement signed by GMR Hyderabad international
airport signed with MoCA reads as under:
i. Authority to impose charges: MoCA have granted rights to GHIAL with
regard to the charges at the Airport. They have categorically and
unequivocally granted certain rights to HIAL under Article 10 of the
Concession Agreement. The said Art icle10 reads as follows:
10.1. Parties having right to impose charges
Subject to Applicable Law, no Person (other than HIAL, any Service
Provider Right Holder granted a relevant Service Provider Right or
the AAJ) may impose any charge or fee (a) in respect of the
provision at the Airport of any facilities and/or services which are
included within Airport Activities or (b) in respect of the movement
ofpassenger, or vehicular traffic on the Airport or the Site.
Annexure II-B
ii. Only the following Regulated Charges as enumerated in the Schedule 6 of
. the Concession Agreement are to be regulated by the Independent
Regulatory Authority (IRA):
CP No. 9/2013-14/T-12023(14)/1/2012- Tariff- Vol - III Annexure II-B Page 5 of 51
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