Legislative and regulatory update – November 2007

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Aviation

A proposal in the draft Civil Aviation Policy, to waive five years of domestic flying as a pre-condition for private airlines to operate overseas, is under the Delhi High Court scanner. A writ petition has challenged a new version of the National Aviation Policy, 2005, allowing only Indian carriers with five years’ domestic flying experience and a minimum fleet of 20 aircraft to schedule flights abroad.

A draft policy providing guidelines for construction of airport infrastructure through public-private partnerships has been announced by the government. According to the policy, greenfield airports must be constructed and financed by contribution of both government agencies and private investors, i.e., through a public-private partnership. Further, functions such as air traffic services, customs and immigration must be handed over to central agencies. For construction of airports, companies are required to obtain clearance from these agencies.

Real estate

The government on 15 October announced a National Policy on Rehabilitation and Resettlement. The Union Cabinet approved the policy, which not only provides substantial benefits to farmers, including a continuous source of income, for land acquired for industrial projects but also makes it simpler for corporations to acquire land with state help. The policy provides for land acquisitions of up to 30% by states to allow crucial contiguity to developers of Special Economic Zones and industrial projects.

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The wrap is compiled by Luthra & Luthra Law Offices, which can be reached at luthra@luthra.com. The wrap is designed to provide general information on key legal developments. Readers should not act on the basis of this information without seeking professional advice.

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