Advocate Aayush Airport Authority and airport-related legal matters
Reviewed by Advocate Aayush Agarwal · Last reviewed
The Airports Authority of India (AAI) is a statutory body created by the Airports Authority of India Act, 1994, so disputes with it follow particular rules. Advocate Aayush Agarwal advises property owners, businesses and individuals on matters involving AAI and airports.
Quick answer
Because AAI is a statutory authority, it is treated as "the State", and its decisions can be challenged by a writ petition in the High Court under Article 226 when they are arbitrary or unlawful. Common matters include building height clearance (NOC) near airports, licence and tender disputes, eviction from airport premises, and land and compensation.
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Building near an airport: height clearance NOC
Buildings within the notified area around an airport need a No Objection Certificate for height from AAI under the Ministry of Civil Aviation's 2015 rules on height restrictions for safeguarding aircraft operations. Applications are made online on AAI's NOCAS portal. If the permitted height is lower than you need, the rules provide an appeal, and an unreasonable decision can be challenged in court. Check the current rules and colour-coded zoning map for your airport before you design or buy.
Licences, concessions and tenders
Shops, advertising, cargo, ground handling and other airport businesses operate under licences or concession agreements. Contract disputes usually go to arbitration under the clause in the agreement. A tender decision that is arbitrary, discriminatory or contrary to the tender terms can be challenged by a writ petition.
Eviction from airport premises
AAI has statutory powers to evict unauthorised occupants of its premises, with a notice, a hearing before an eviction officer and a right of appeal. Respond to any notice within the time it gives, and keep proof of your licence, payments and correspondence.
Land and compensation
Land acquired for airport expansion is governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Owners can file objections, and can seek enhanced compensation through the authority and courts set up under that Act.
Private airport operators
At airports run under a concession, such as Delhi and Mumbai, day-to-day operations are managed by a private operator under an agreement with AAI. Your dispute may be with the operator rather than with AAI, which affects which remedy is available, so identify the right party first.
Passengers: delays, denied boarding and baggage
The Directorate General of Civil Aviation's Civil Aviation Requirements set airlines' obligations on denied boarding, cancellations, delays and baggage. Where an airline does not resolve a complaint, a consumer commission under the Consumer Protection Act, 2019 can award compensation.
Related
Frequently asked questions
Can I challenge a decision of the Airport Authority of India?
Yes. As a statutory authority, AAI can be challenged by a writ petition in the High Court when it acts arbitrarily or unlawfully. Contract disputes usually go to arbitration under the agreement.
My height clearance NOC allows less height than I applied for. What can I do?
Check the reasons and the zoning map, use the appeal provided under the 2015 height-restriction rules, and challenge the decision in court if it is unreasonable.
Is the Airport Authority the same as the airport operator?
Not always. At privatised airports such as Delhi and Mumbai, a private operator runs the airport under a concession agreement with AAI, so the right party and remedy may differ.
Can I claim compensation for a cancelled or delayed flight?
Airlines must follow the DGCA's Civil Aviation Requirements on cancellations, delays and denied boarding. If the airline does not resolve your complaint, you can approach a consumer commission.
General information only, not legal advice on your case. Laws, allowances and notifications change; we confirm the current position before acting.