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.
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.
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
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).
14
(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.
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.
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
1
[Central Government]and the decision of the 1
[Central Government] thereon shall be final.
28F. Power to remove unauthorised constructions, etc.—(1) No person shall—
(a) erect or place or raise any building or any movable or immovable structure or fixture;
(b) display or spread any goods;
(c) bring or keep any cattle or other animal,
on or against or in front of any airport premises except in accordance with the authority (whether by way
of grant or any other mode of transfer) under which he was allowed to occupy such airport premises.
1. Subs. by Act 33 of 2021, s. 19, for “Tribunal” (w.e.f. 4-4-2021).
15
(2) Where any building or other immovable structure or fixture has been erected, placed or raised in
any airport premises in contravention of the provisions of sub-section (1), the eviction officer may serve
on the person erecting such building or other structure or fixture, a notice requiring him either to remove
or show cause why he shall not remove such building or other structure or fixture to or from the airport
premises within such period, not being less than seven days but not exceeding thirty days as may be
specified in the notice, and on the omission or refusal of such person to show cause, or to remove such
building or other structure or fixture from the airport premises, or where the cause shown is not, in the
opinion of the eviction officer, sufficient, the eviction officer may, by order, remove or cause to be
removed the building or other structure or fixture from the airport premises and the cost of such removal
shall be recoverable from such person as an arrear of land revenue.
(3) Where any movable structure or fixture has been erected, placed or raised, or any goods have been
displayed or spread or any cattle or other animal has been brought or kept on any airport premises in
contravention of the provisions of sub-section (1) by any person, the eviction officer may, by order,
remove or cause to be removed without notice, such structure, fixture, goods, cattle or other animal, as the
case may be, from the airport premises and the cost of such removal shall be recoverable from such
person as an arrear of land revenue.
28G. Power to require payment of rent or damages in respect of airport premises.—(1) Where
any person is in arrears of rent payable in respect of airport premises, the eviction officer may, by order,
require that person to pay the same within such time and in such instalments as may be specified in the
order.
(2) Where any person is, or has at any time been, in unauthorised occupation of any airport premises,
the eviction officer may, having regard to such principles of assessment of damages as may be prescribed,
assess the damages on account of the use and occupation of such premises and may, by order, require that
person to pay the damages within such time and in such instalments as may be specified in the order.
(3) While making an order under sub-section (1) or sub-section (2), the eviction officer may direct
that the arrears of rent or, as the case may be, damages shall be payable together with simple interest at
such rate as may be prescribed.
(4) No order under sub-section (1) or sub-section (2) shall be made against any person until after the
issue of a notice in writing to the person calling upon him to show cause within such period not being less
than seven days but not exceeding thirty days as may be specified in the notice as to why such order
should not be made, and until his objections, if any, and any evidence he may produce in support of the
same have been considered by the eviction officer.
28H. Powers of eviction officers.—An eviction officer shall, for the purpose of holding any inquiry
into this Chapter, have the same powers, as are vested in a civil court under the Code of Civil
Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) any other matter which may be prescribed.
[28-I. Establishment of Tribunal.]—Omitted by The Tribunals Reforms Act, 2021 (33 of 2021), s. 19
(w.e.f. 4-4-2021).
[28J. Resignation and removal.]—Omitted by ibid., s. 19 (w.e.f. 4-4-2021).
1
[28JA. Qualifications, terms and conditions of service of Chairperson.]—Omitted by ibid., s. 19
(w.e.f. 4-4-2021).
28K. Appeals to Tribunal.—(1) Any person aggrieved by an order of the eviction officer under this
Chapter may, within fifteen days from the date of such order, prefer an appeal to the 2
[High Court]:
1. Ins. by Act 7 of 2017, s. 166 (w.e.f. 26-5-2017).
2. Subs. by Act 33 of 2021, s. 19, for “Tribunal in such form as may be prescribed” (w.e.f. 4-4-2021).
16
Provided that the 1
[High Court] may entertain any appeal after the expiry of the said period of fifteen
days, but not after the period of thirty days from the date aforesaid, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.
2* * * * *
[28L. Procedure and powers of Tribunal.]—Omitted by The Tribunals Reforms Act, 2021 (33 of
2021), s. 19 (w.e.f. 4-4-2021).
28M. Finality of orders.—Subject to the provisions of this Act, every order made by an eviction
officer 3*** under this Chapter shall be final and shall not be called in question in any suit, application,
execution or other proceeding and no injunction shall be granted by any court or other authority in respect
of any action taken or intended to be taken in pursuance of any power conferred by or under this Chapter.
28N. Offences under this Chapter.—(1) Whoever, unlawfully occupies any airport premises, shall
be punishable with imprisonment for a term which may extend to six years and with fine.
(2) Whoever fails to comply with any order of the eviction officer or the 1
[High Court]under this
Chapter shall be punishable with imprisonment for a term which may extend to seven years and with fine.
(3) If any person who has been evicted from any airport premises under this Chapter again occupies
the premises without authority for such occupation, he shall be punishable with imprisonment for a term
which may extend to ten years and with fine.
(4) The court may, while convicting a person under sub-section (3), make an order for evicting that
person summarily and he shall be liable to such eviction without prejudice to any other action that may be
taken under this Chapter.
28-O. Offences by companies.—(1) Where any offence under this Chapter has been committed by a
company, every person who, at the time the offence was committed, was directly in charge of, and was
responsible to, the company for the conduct of the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Chapter, if he proves that the offence was committed without his knowledge
or he has exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Chapter has
been committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation —For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.
28P. Cognizance of offences.—No court shall take cognizance of any offence under this Chapter
except on a complaint made by the Authority, eviction officer or any other officer authorised by it and no
court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any
offence punishable under this Chapter.
28Q. Power to obtain information.—If the eviction officer has reason to believe that any persons
are in an unauthorised occupation of any airport premises, he or any other officer authorised by him in
this behalf may require those persons or any other person to furnish information in relation to the names
1. Subs. by Act 33 of 2021, s. 19, for “Tribunal” (w.e.f. 4-4-2021).
2. Sub-sections (2), (3), (4) and (5) omitted by s. 19, ibid. (w.e.f. 4-4-2021).
3. The words “or the Tribunal” omitted by s. 19, ibid. (w.e.f. 4-4-2021).
17
and other particulars of the persons in occupation of the airport premises and every person so required
shall be bound to furnish the information in his possession.
28R. Officers, etc., to aid and assist.—It shall be the duty of all the officers of the Government
including police officers and any local authority to aid and assist the eviction officer or other officers of
the Authority in the discharge of their functions under this Chapter.]