( 1 ) THE Airports Authority Officers Association (India) has filed this petition against union of India, respondent No. 1 and Airports Authority of India, respondent No. 2, inter alia seeking direction to declare the provisions of Section 12a of the Airports authority of India (Amendment) Act, 2003 ( hereinafter to be referred to as, the amended Act ) being unconstitutional and hence ultra vires. This is the prayer which is required to be dealt with at the instance of the Association of Officers working at the airport. Other prayers are flowing from the main prayer.

( 2 ) OUR attention was drawn to the original provisions contained in the Act and amended provisions. By amended provisions, the Legislature has authorised to enter into an agreement with the other authorities - maybe private or joint venture. Section 12a of the Amended Act reads as under: 12-A lease by the Authority.- (1) Notwithstanding anything contained in this act, the Authority may, in the public interest or in the interest of better management of airports, make a lease of the premises of an airport (including buildings and structures thereon and appertaining thereto) to carry out some of its functions under section 12 as the Authority may deem fit : provided that such lease shall not affect the functions of the Authority under Section 12 which relates to air traffic service or watch and ward at airports and civil enclaves. (2) no lease under sub-section (a) shall be made without the previous approval of the Central Government. (3) any money, payable by the lessee in terms of the lease made under sub- section (1), shall form part of the Authority and shall be credited thereto as if such money is the receipt of the Authority for all purposes of Section 24. (4) the lessee, who has been assigned any function of the Authority under sub-section (1), shall have all the powers of the Authority necessary for the performance of such function in terms of the lease.

( 3 ) IT is required to be noted that in view of globalisation and frequent movement of the people not only at the domestic airport, but also at the international airport, the government in its wisdom took a decision in the year 1997 in this behalf. We have read the policy of airport infrastructure, a copy of which is placed at page 82 (Annexure P 6) wherein the role of airport with better infrastructure in national economy is pointed out in greater detail. There is also clear indication about the objects pointing out the existing position and requirements in future considering increasing trend of use of Air services. We are not referring the same in detail, but suffice it to say that looking to the future traffic both in terms of passengers and cargo, the decision has been taken.

( 4 ) IT may be noted that at Bombay Airport, there is passenger load of 12. 26 million, while for cargo, it measures in 307605 tons. So far as Delhi Airport is concerned, the movement of passengers is indicated as 9. 10 million, while the movement of cargo is indicated as 276042 tons.

( 5 ) CONSIDERING various aspects indicated in Annexures P 6 and P 7, it is not for this Court to sit as an appellate forum and to express an opinion whether the decision taken by the Government is correct or not. The Court has to examine the provisions contained in Section 12a of the Amended Act and to say whether it is ultra vires or not. So far as the petitioners Association is concerned, members of which are only 1,000 in number (though the total number of staff is 23,000), they are requesting the Court to declare the provisions of Section 12a of the Amended Act ultra vires so as to see that respondent No. 2 / AAI is not in a position to enter into an agreement of lease or any other arrangement. So far as the petitioners are concerned, their interest is protected and before us today, Proposal for Restructuring and modernisation of Mumbai Airport is placed on record, which is dated 01. 04. 2005 and following para would prot