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Meghalaya High Court · body

2019 DIGILAW 110 (MEG)

Registrar General, High Court of Meghalaya v. State of Meghalaya

2019-04-10

H.S.THANGKHIEW, MOHAMMAD YAQOOB MIR

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JUDGMENT : 1. On behalf of Airport Authority of India affidavit has been filed on 09- 04-2019 wherein it is stated that a meeting was convened under the Chairmanship of Smt. Usha Padhee, Joint Secretary, Ministry of Civil Aviation, the said meeting was attended by: i. Smt. Rubina Ali, Joint Secretary, Ministry of Civil Aviation. ii. Shri. U.K.Bhardwaj, Under Secretary, Ministry of Civil Aviation. iii. Shri. Ved Prakash, Director, Directorate General of Civil Aviation. iv. Shri. I.N.Murthy, Member (Operations), Airports Authority of India. v. Shri. A.K.Agarwal, Executive Director (Aerodrome Licensing), Airports Authority of India. vi. Shri. S.K.Soni, Deputy General Manager (Operations), Airports Authority of India. vii. Shri. Amit Garg, General Manager (Operations), Airports Authority of India. viii. Shri. Deepraj Sirohi, Chief Executive Officer, M/s Zexus Air Services Pvt. Ltd. 2. The representative of Zoom Airways had reiterated the earlier stance i.e., CRJ 200 has a load penalty when landing and taking off at Shillong, Zoom had a bid for Kolkata-Shillong-Kolkata sector under RCS but could not succeed, without RCS support it is not commercially viable for Zoom Airways to operate CRJ 200 from Shillong to Delhi. The airliner was requested to explore possibility of operating flights between Delhi and Shillong, in response whereof the representative of Zoom Airways divulged in the meeting that they will continue to explore the possibility of operating flights between Shillong and Delhi subject to operational and financial viability. The position as has emerged in the meeting so convened leads us to nowhere except further uncertainity. 3. The matter was passed over for half an hour so as to enable learned ASG to have instruction as to whether there is any proposal with an object of persuading and motivating Zoom Airways to operate CRJ 200. 4. After one hour, the matter again was taken up, learned ASG, Ms. A.Paul submitted that she has received instruction to the effect that all possibilities are being explored, sometime is required and maybe the possibilities which are being explored may fructify. 5. Learned Amicus Curiae has filed his detailed response wherein a serious concern has been voiced. The Court too is not satisfied regarding steps taken for ensuring operation of the flights from Delhi to Umroi Airport, Shillong. The Airport is stated to be ready, waiting for flights to take off and land to and fro Delhi. 6. 5. Learned Amicus Curiae has filed his detailed response wherein a serious concern has been voiced. The Court too is not satisfied regarding steps taken for ensuring operation of the flights from Delhi to Umroi Airport, Shillong. The Airport is stated to be ready, waiting for flights to take off and land to and fro Delhi. 6. Learned AG was clear in his stand that whatever was required to be done by the State has been done, now it is for the Airport Authority of India, Civil Aviation, Ministry of India and Airliners to facilitate the operation of the flights for the convenience of the general masses of the people of Meghalaya. 7. If the approach of the respondents, Airport Authority of India, Civil Aviation and Airliners will continue to be what it is, then we have no option but to pass appropriate orders which maybe at the peril of the said authorities. Huge investments made for operationalisation of the Airport cannot be allowed to go to waste, right from the inception of the proceedings of this PIL, whatever authority, how high so it maybe shall have to shoulder the responsibility. At this stage, we are not inclined to comment as to what will follow on overall perusal of the proceedings of the Public Interest Litigation, in view of the persuasive approach of the learned ASG, we are inclined to grant her ten days time to apprise the Court in clear and certain terms as to what action or what steps have been taken for persuading the Zoom Airways for operating its CRJ 200. It is made clear that time granted in no case shall be extended. 8. The report of the registry reveal that notice has been sent to the Chief Executive Officer, Zoom Airways by Speed Post and email for filing response, neither he has appeared in person or through any recognised agent nor filed any response, otherwise he is fully aware about the proceedings because in compliance to the order of this Court in the meeting held by Joint Secretary, Ministry of Civil Aviation, his representative had attended the meeting. One more notice to be sent to the Chief Executive Officer, Zoom Airways to ensure filing of response by or before the next date, otherwise we will be constrained to have recourse to coercive measures. 9. List again on 23-04-2019.