Supreme Court Upholds AERA Authority on Tariff Appeals

The Supreme Court affirmed that the Airports Economic Regulatory Authority (AERA) can appeal Telecommunications Dispute Settlement and Appellate Tribunal (TDSAT) orders. AERA's role as a necessary party in appeals is recognized, despite TDSAT's previous classification of certain services as 'non-aeronautical' under the AERA Act, 2008.

The Supreme Court has ruled that the Airports Economic Regulatory Authority (AERA) holds the right to appeal against decisions made by the Telecommunications Dispute Settlement and Appellate Tribunal (TDSAT). This verdict paves the way for AERA to maintain its regulatory stance as it oversees aeronautical charges across Indian airports.

The decision arrived from a bench that included Chief Justice of India D Y Chandrachud, Justices J B Pardiwala, and Manoj Misra, who collectively argued that AERA's involvement in appeals is indispensable because of its statutory obligation to balance economic interests while safeguarding public interest.

This ruling follows a TDSAT order which previously limited AERA's authority on tariff imposition regarding ground and cargo handling services. The Supreme Court stated that despite statutory gaps, AERA should be involved in appellate proceedings as its fundamental role in tariff regulation is implicit.

(With inputs from agencies.)