Mostly, politicians are known for flip flops but it seems that the Attorney General?s office is also in the race to compete for the position. What else explains the apex legal advisor of the government to advice the civil aviation ministry to overlook at least three of its own opinion on different issues. In a recent communication, it has asked the ministry to put in abeyance its earlier view on the government department?s authority to give policy decisions to the airport regulator Airports Economic Regulatory Authority (Aera).
In earlier two instances, the AG office sought to set aside its views on setting up of MRO facility at the old Hyderabad airport and decision on commercial use of hundreds of acres of Airports Authority of India (AAI) land. According to a senior aviation ministry official, the change in AG?s views have resulted in significant delay in decision-making the fall-out of which has caused airport infrastructure projects running behind their completion schedule.
?In case of old airport at Begumpet in Hyderabad the AG earlier said that state-owned airport operator can set up MRO (maintenance, repair and overhaul facility) but later changed its stand saying that commercial activity cannot be permitted at the airport given the legal framework,? the official said.
As per the agreement between the private developer of the new Hyderabad airport and the government, commercial aeronautical activities are not permitted at the old airport owned by the AAI.
With respect to its change in stand on AERA?s authority to decide on airport related issues the AG has defended that it was not provided with all the records and context there of. The AG had a few months back said that the airport regulator was competent enough to take policy decisions independently but has now stated that the civil aviation ministry can give policy directions to it. The aviation ministry official claimed that in most of the sectors where authorities regulate the industry the concerned ministry has power to ask the regulators to reconsider their decisions and give policy directions.
?It?s standard practice in every sector,? the official said. In its major policy decision after it started functioning Aera has indicated to adopt single-till approach while fixing tariff at major airports at Hyderabad and Bangalore differing with the civil aviation ministry which has favoured a hybrid-till. Under single-till commercial as well as aeronautical revenues received by an airport are taken into account in determining airport charges. As against this under hybrid only part of the non-aviation revenue of the operator is used to fix airport tariff.
Separately, the legal authority has also changed its stand on the issue of land-use by the public sector AAI. ?Contrary to its earlier view the AG now maintains that the AAI can function in a business like manner by leasing its land to private firms for non-aviation activities,? the official said. An another senior aviation ministry official, however, said AG?s views have to be endorsed by the law ministry and that in one of the three cases the change in stand was due to difference of opinion between the two.