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2019 DIGILAW 48 (MEG)

Registrar General High Court of Meghalaya v. State of Meghalaya

2019-02-25

MOHAMMAD YAQOOB MIR, S.R.SEN

body2019
JUDGMENT : Mohammad Yaqoob Mir, J. Affidavit filed by Mr. Rahul Kumar in compliance to the order dated 15.02.2019 reveals that the earlier affidavit as taken note of in the order dated 15.02.2019 was filed as per the position as was obtaining on 31.01.2019. A detailed safety risk assessment for scheduled flight operations of Indigo with ATR 72-600 to Barapani Airport, Shillong was carried by a team of Indigo personnel on 18.02.2019 feasibility and hazard log for operation to Shillong Airport with ATR 72-600 aircraft was prepared. The detailed risk assessment was submitted to the Directorate General of Civil Aviation (DGCA) on 21.02.2019. If DGCA grants approval, Indigo will operate its ATR 72-600 to Barapani Airport, Shillong even though its aerodrome reference code is 2C. It was made clear to Mr. Rahul Kumar present in the Court that the Airport Authority of India (AAI) had stated that ATR can be operated from Shillong to Delhi, he seeks 10 days time to apprise the Court about the feasibility both technical and viability, granted. 2. Mr. Deepak Mahendra, Chief Financial Officer of Air Asia in compliance to the order dated 15.02.2019 is not present, however, he has moved an application for exemption for todays appearance, same in view of the grounds projected therein is allowed. He has filed an affidavit on 22.02.2019 wherein on one hand he has tendered unconditional apology but on the other hand, he still reiterated as to what he has stated in the earlier affidavit which was not accepted. The instant affidavit does not satisfy the Court about his remorse for making unnecessary comments and giving advices. He shall remain personally present in the Court on the next date and explain his position as to why the rule shall not be framed against him. 3. Learned counsel for Spice Jet Mr. A Sharma submits that 10 days time may be granted for apprising the Court as to whether Spice Jet can operate its flight from Shillong to Delhi, granted. 4. Learned counsel for Alliance Airline Allied Services Limited Mr. S Thapa seeks 10 days time to file an affidavit so as to indicate as to how many flights have operated from 01.01.2019 till date from Kolkata to Shillong and back. 4. Learned counsel for Alliance Airline Allied Services Limited Mr. S Thapa seeks 10 days time to file an affidavit so as to indicate as to how many flights have operated from 01.01.2019 till date from Kolkata to Shillong and back. Further, he also seeks time to file an affidavit to indicate as to whether Alliance Airline Allied Services Limited ATR 72 is viable and feasible to operate from Shillong to Delhi and back, granted. 5. Mr. Manish Uppal, Operation Head, Air Asia apprised the Court about non-availability of Air Asia aircraft operation to Shillong. 6. Learned counsel for Jet Airways will apprise the Court as to whether technically ATR 72 of Jet Airways can be operated from Shillong to Delhi. Learned counsel for Vistara will also apprise the Court as to whether ATR can be technically operated from Shillong to Delhi and back. 7. The affidavit filed by Mr. Umesh Kumar Bhardwaj, Under Secretary to the Government of India, Ministry of Civil Aviation is suggestive of the fact that Shillong Airport is one of the airports that comes under Category II routes of RDG where airlines are required to deploy at least 10% of the capacity deployed in Category I (trunk) routes. Also airlines are required to deploy 1% of the capacity deployed in Category I (trunk) routes, in Category II A routes (intra connectivity in Category II routes), the airlines to provide air services to specific places depending upon the traffic demand and commercial viability. The Civil Aviation department is required to file fresh affidavit so as to indicate that in case airlines are required to deploy 10% of the capacity under Category II routes of RDG but are not doing the same what is the action warranted against them and by whom. 8. Post again on 08.03.2019.