Wednesday, May 13, 2026
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2026ArbitrationHigh CourtLatestLegalMay 2026

Disputes of Eviction from Airport Premises Not Arbitrable

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Airport Premises Eviction Disputes Are Non-Arbitrable

Disputes of Eviction & Recovery of Airport Premises Not Arbitrable

Statutory Framework of Airports Authority Act Overrides Arbitration Agreement

Arbitrability of Termination of Licenses & Eviction from Airport Restaurants

Section 9 Petitions filed in respect of the notices terminating the licenses of restaurants at Juhu Airport.

AAI has objected to the maintainability in view of AAI Act and the unauthorized occupation is not arbitrable.

Clause 25.10 of the License Agreements provides that no dispute shall be referred for resolution under this clause through arbitration in matters for which eviction & recovery procedure is provided under Chapter -VA of the Airports Authority of India Act, 1994 as amended by Act 2003.

Chapter-VA is a complete code in matters relating to ‘unauthorized occupation’ of any airport premises. Under definition of the term ‘unauthorized occupation’ in Section 28-A, even occupation without authority or continuation in occupation after expiry or determination of authority, becomes unauthorized occupation.

Chapter-VA provides for a complete code relating to matters of eviction from airport premises and in relation to recovery of airport premises, Clause 25.1 and Clause 25.10 exclude the disputes relating to eviction and recovery procedure governed by Chapter-VA of the AAI Act from the purview of arbitration. These disputes relating to eviction and recovery procedure are ‘excepted maters’ and cannot be referred to arbitration as per the agreement between the parties.

Even the issue relating to invalidity of termination notices are non-arbitrable since the same can be a defence of the Petitioners in eviction proceedings before the Eviction Officer.

Judgment dated 7.5.2026 of the High Court of Bombay in Commercial Arbitration Petition (L) No.13393 of 2025 of Survee Shidal  Vs.  Airports Authority of India with connected application & petition

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