JUDGEMENT

Per Justice D.N. PATEL, Chairperson SUMMARIUM

The present appeal revolves around the interpretation of Concession Agreement, Land Lease Agreement and State Support Agreement (SSA). These are the three major agreements entered into by this appellant with Hon’ble the President of India, acting through the Ministry of Civil Aviation (MoCA) and Government of Andhra Pradesh (GoAP) governing the functioning of Rajiv Gandhi International Airport (Hyd), Shamshabad, Hyderabad (RGIA). This Concession Agreement, Land Lease Agreement and SSA are at Annexure A-3, A-4 and A-5 of the memo of this AERA Appeal No.4 of 2021. The aforesaid agreements are to be interpreted in light of Airports Economic Regulatory Authority of India Act, 2008 and also in light of other supportive agreements.

In the present appeal, the Aggregate Revenue Requirement (ARR) for RGIA has to be determined on the basis of:

“ARR= (FRoR x RAB) + D+ O + T– NAR”

Aggregate Revenue Requirement (ARR) is an amount finalized by Respondent No. 1 – Airports Economic Regulatory Authority of India (AERA). Appellant is permitted to recover ARR from different stakeholders and users of Rajiv Gandhi International Airport (Hyd), Shamshaba