Section 18. Application for settlement of disputes and appeals to Appellate Tribunal
(1) The Central Government or a State Government or a local authority or any person may make an application to the Appellate Tribunal for adjudication of any dispute as referred to in clause (a) of section 17.
(2) The Central Government or a State Government or a local authority or any person aggrieved by any direction, decision or order made by the Authority may prefer an appeal to the Appellate Tribunal.
(3) Every appeal under sub-section (2) shall be preferred within a period of thirty days from the date on which a copy of the direction or order or decision made by the Authority is received by the Central Government or the State Government or the local authority or the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed:
Provided that the Appellate Tribunal may entertain any appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
(4) On receipt of an application under sub-section (1) or an appeal under sub-section (2)/i@, the Appellate Tribunal may, after giving the parties to the dispute or the appeal an opportunity of being heard, pass such orders thereon as it thinks fit.
(5) The Appellate Tribunal shall send a copy of every order made by it to the parties to the dispute or the appeal and to the Authority, as the case may be.
(6) The application made under sub-section (1) or the appeal preferred under sub-section (2) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the application or appeal finally within ninety days from the date of receipt of application or appeal, as the case may be:
Provided that where any such application or appeal could not be disposed of within the said period of ninety days, the Appellate Tribunal shall record its reasons in writing for not disposing of the application or appeal within that period.
(7) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness, of any dispute made in any application under sub-section (1), or of any direction or order or decision of the Authority referred to in the appeal preferred under sub-section (2), on its own motion or otherwise, call for the records relevant to disposing of such application or appeal and make such orders as it thinks fit.
Judgements applying section 18
Delhi International Airport Ltd. vs Airport Economic Regulatory Authority of India and Anr.
AERA AppealThe tribunal disposed of an appeal against Delhi International Airport Limited's Fourth Control Period tariff order. The court held that without a Supreme Court stay, binding Tribunal judgments on WACC components, penalties, and asset definitions must follow.
AERA AppealOpenSupreme Court of India, Civil Appeal Nos. 3098-3099 of 2023 (Dr D.Y. Chandrachud, CJI, 18 October 2024): whether AERA may contest appeals against its tariff orders before TDSAT and appeal TDSAT's orders to the Supreme Court under Section 31 of the AERA Act; impleadment of regulatory authorities as respondents;
MUMBAI INTERNATIONAL AIRPORT LTD VS AERA AND ANR. · final · AERA APPEAL/4/2023
AERA AppealOpenAppeals challenging AERA's communications directing Independent Service Providers to submit Multi Year Tariff Proposals for CHS and GHS. The Tribunal held these services are Non-Aeronautical per OMDA, respecting the Central Government's concession, and AERA lacks jurisdiction to fix their tariffs.
AERA AppealOpenDelhi International Airport Ltd. versus Airport Economic Regulatory Authority of India & Ors.
Outcome: DisposedDisposedOpenBANGALORE INTERNATIONAL AIRPORT LIMITED VS AERA · final · AERA APPEAL/8/2018
AERA AppealOpen
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Page 1 of 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 670/2014 & CM No.16370/2014 (stay) & C.M.No.16372/2014(addl. docs.) Pronounced on: 22.01.2015 DELHI INTERNATIONAL AIRPORT PRIVATE LIMITED ..... Appellant Through: Dr. Abhishek Man
& 3893/2011 Page 1 of 18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 1 st June, 2011 + WRIT PETITION (CIVIL) NO. 3889/2011 RESOURCES OF AVIATION REDRESSAL ASSOCIATION..Petitioner Through Mr. Sandeep Sethi, Sr. Advocate wit
Writ Petition (Civil)Open& 3893/2011 Page 1 of 18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 1 st June, 2011 + WRIT PETITION (CIVIL) NO. 3889/2011 RESOURCES OF AVIATION REDRESSAL ASSOCIATION..Petitioner Through Mr. Sandeep Sethi, Sr. Advocate wit
Writ Petition (Civil)Open