DELHI INTERNATIONAL AIRPORT LTD. versus INTERNATIONAL LEASE FINANCE CORPN. & OTHERS

Citation: [2015] 2 S.C.R. 1040 · Decided: 17-03-2015 · Supreme Court of India · Bench: V. GOPALA GOWDA · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2015] 2 S.C.R. 1040 
A 
DELHI INTERNATIONAL AIRPORT LTD. 
B 
c 
v. 
INTERNATIONAL LEASE FINANCE CORPN. & OTHERS 
(Civil Appeal No. 2932 of 2015) 
MARCH 17, 2015 
[V. GOPALA GOWDA AND R. BANUMATHI, JJ.] 
Government of India (Allocation of Business) Rules, 
1961-n: 3, 4, 4(2)- Minutes of the meeting, if can ovenide 
statutory regulations - In exercise of power u!Reg 10, 
appellant detained aircraft belonging to respondent no. 1 
D airlines at Delhi and Mumbai airports for defaulting in 
payment of dues to the tune of Rs. 10 crore - Challenge 
to, by owners of Aircraft - During the pendency of writ 
petition meeting held regarding release of aircraft by airport 
operators - High Court ordered release of aircraft in tenns 
E of the decision in the meeting, on payment of parking 
charges - On appeal held: In order to hold the minutes of 
the meeting as "a general or special order in writing by the 
Central Governmenr involving the abandonment of revenue 
or which has a financial implication on the Airports Authority 
F of India under the control of Civil Aviation Ministry, 
sanctification by the concerned ministry and the 
concurrence of Finance Department was a mandatory 
condition - It cannot be finalized merely at the level of 
officers/representatives of Civil Aviation, Central Board of 
G Excise and Customs etc. - On facts, minutes of the meeting 
did not have the concurrence of the Finance Department 
and nor was confirmed or approved by the concerned 
H 
1040 
DELHI INTL. AIRPORT LTD. v. INTL. LEASE FINANCE 1041 
CORPN.' 
minister - Such directions were not issued pursuant to any A 
decision taken by a competent authority in terms of Rules 
of Business framed u/Art 77 - Unless the minutes of 
meeting resulted in a final decision taken by the competent 
authority in terms of Art. 77(3) and the decision so taken is 
communicated to the concerned person, the same was not B 
capable of being enforced by issuing a direction in a . writ 
petition - Thus, the o "rder passed by the High Court set 
aside - Airport Authority of India Act, 1994 - s. 22(i)(a) -
Airport Authority of India (Management of Airports) 
Regulations, 2003 - Reg 10 - Constitution of India, 1950 C 
-Arts 77. 
Allowing the appeal, the Court 
HELD: 1.1 From a combined reading of Rules 3, 4, D 
4(2) of the Government of India (Allocation of Business) 
Rules, 1961 the minutes of meeting which is to be 
converted as a general or special order in writing by 
the Central Government involving the abandonment of 
revenue or which has a financial implication on the E 
Airports Authority of India which is under the control 
of Civil Aviation Ministry, it was required to proceed only 
after the concurrence of Finance Department. It cannot 
be finalized merely at the level of officers/ 
. representatives of Civil Aviation, Central Board of F 
· Excise and Customs etc. After concurrence of the 
Finance Ministry, the minutes of the meeting ought to 
have been placed before the concerned minister as per 
the Rules of Business. Sanctification by the concerned 
ministry and the concurrence of Finance Department G 
was a mandatory condition in order to hold the minutes 
of the meeting dated 26.3.2013 as "a general or special 
order in writing by the Central Government". In the 
absence. of any such sanctification by the competent H 
1042 
SUPREME COURT REPORTS 
[2015] 2 S.C.R. 
A authority, mere minutes of the meeting would not give 
any indefeasible right to the appellant [Para 24] [1057-
C-G] 
1.2 There is nothing on record to show that the 
B minutes of the meeting had the concurrence of the 
Finance Department and was either confirmed or 
approved by the concerned minister and such 
directions were not shown to have been issued 
pursuant to any decision taken by a competent 
C authority in terms of Rules of Business framed under 
Article 77 of the Constitution of India. The minutes of 
the meeting do not become a general or special order 
in writing by the Central Government unless the same 
was sanctified and acted upon by issuing an order in 
D the name of the President in the manner provided under 
Article 77 (2) of the Constitution. [Para 25] [1058-D-F] 
1.3 Unless the minutes of meeting resulted in a final 
decision taken by the competent authority in terms of 
E Article 77(3) of the Constitution and the decision so 
taken is communicated to the concerned person, the 
same was not capable of being enforced by issuing a 
direction in a writ petition. Without goin

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