( 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 it