Section 28A in The Airports Authority of India Act, 1994

Title: Definitions

Description: 1[28A. Definitions.--In this Chapter, unless the context otherwise requires,-- (a) airport premises means any premises— (i) belonging to airport; (ii) taken on lease for the purposes of airport; (iii) acquired for the Authority under the provisions of the Land Acquisition Act, 1894 (1 of 1894) or any other corresponding law for the time being in force. Explanation.--For the removal of doubts, it is hereby declared that for the purposes of this clause, airport includes private airport; (b) eviction officer means an officer of the Authority appointed as such by it under section 28B; (c) premises means any land or building or part of a building, and includes— (i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building; and (ii) any fittings affixed to such building or part of a building for more beneficial enjoyment thereof; (d) rent, in relation to any airport premises, means the consideration payable periodically for the authorised occupation of the premises, and includes— (i) any charge for electricity, water or any other service in connection with the occupation of the premises; and (ii) any tax, by whatever name called, payable in respect of the premises; 2***** (f) unauthorised occupation, in relation to any airport premises, means the occupation by any person of the airport premises without authority for such occupation and includes the continuance in occupation by any person of the airport premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever.] 1. Ins. by Act of 43 of 2003, s. 8 (w.e.f. 1-7-2004). 2. Clause (e) omitted by Act 33 of 2021, s. 19 (w.e.f. 4-4-2021).

Title: Appointment of eviction officers.

Description: 1[28B. Appointment of eviction officers.--The Authority may, by general or special order in writing, appoint such number of its officers, as it thinks fit, to be eviction officers for the purposes of this Chapter, and define the local limits within which, or the categories of airport premises in respect of which, the eviction officers shall exercise the powers conferred and perform the duties imposed, on eviction officers by or under this Chapter.] 1. Ins. by Act of 43 of 2003, s. 8 (w.e.f. 1-7-2004).

Title: Issue of notice to show cause against order of eviction

Description: 1[28C. Issue of notice to show cause against order of eviction.--(1) If the eviction officer is of the opinion that any persons are in unauthorised occupation of any airport premises and that they should be evicted, the eviction officer shall, in the manner hereinafter provided, issue a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. (2) The notice shall— (a) specify the grounds on which the order of eviction is proposed to be made; and (b) require all persons concerned, that is to say, all persons who are or may be, in occupation of, or claim interest in, the airport premises— (i) to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than seven days from the date of issue thereof, and (ii) to appear before the eviction officer on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown and also for personal hearing, if such hearing is desired. (3) The eviction officer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the airport premises and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to the persons concerned. (4) Where the eviction officer knows or has reasons to believe that any person is in occupation of the airport premises, then, without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed.] 1. Ins. by Act of 43 of 2003, s. 8 (w.e.f. 1-7-2004).

Title: Eviction of unauthorised occupants

Description: 1[28D. Eviction of unauthorised occupants.--(1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 28C and any evidence produced by him in support of the same and after personal hearing, if any, given under sub-clause (ii) of clause (b) of sub-section (2) of section 28C, the eviction officer is satisfied that the airport premises are in unauthorised occupation, the eviction officer may make an order of eviction, for reasons to be recorded therein, directing that the airport premises shall be vacated, on such date as may be specified in the order, by the persons who may be in occupation thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the airport premises. (2) If any person refuses or fails to comply with the order of eviction on or before the date specified in the order or within fifteen days of the date of publication under sub-section (1), whichever is earlier, the eviction officer or any other officer duly authorised by the eviction officer in this behalf may, after the date so specified or after the expiry of the period aforesaid, whichever is earlier, evict that person from, and take possession of, the airport premises and may, for that purpose, use such force as may be necessary.] 1. Ins. by Act of 43 of 2003, s. 8 (w.e.f. 1-7-2004).

Title: Disposal of property left on airport premises by unauthorised occupants

Description: 1[28E. Disposal of property left on airport premises by unauthorised occupants.--(1) Where any persons have been evicted from any airport premises under section 28D, the eviction officer may, after giving ten days notice to the persons from whom possession of the airport premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such premises. (2) Where any property is sold under sub-section (1), the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the Central Government or the corporate authority on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the eviction officer to be entitled to the same: Provided that where the eviction officer is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the 2[Central Government] and the decision of the 2[Central Government] thereon shall be final.] 1. Ins. by Act of 43 of 2003, s. 8 (w.e.f. 1-7-2004). 2. Subs. by Act 33 of 2021, s. 19, for “Tribunal” (w.e.f. 4-4-2021).br

CHAPTER 5A EVICTION OF UNAUTHORISED OCCUPANTS, ETC., OF AIRPORT PREMISES