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Meghalaya High Court · body

2019 DIGILAW 78 (MEG)

Registrar General High Court of Meghalaya v. State of Meghalaya

2019-03-19

H.S.THANGKHIEW, MOHAMMAD YAQOOB MIR

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JUDGMENT : MOHAMMAD YAQOOB MIR, J. 1. (a) Affidavit filed on behalf of Airport Authority of India (AAI) on 15.03.2019 reveals that Umroi airport is ready for operation of ATR 72-600 aircrafts. (b) It is further stated that technically ATR 72-600 and Bombardier-Q400 aircrafts can operate between Umroi airport and Delhi airport. However, commercial viability is entirely in the domain of airliners. It is further stated in the affidavit that at present Umroi airport has CAT-5 Rescue and Fire Fighting Services (RFFS). The up-gradation of RFFS at the airport is a continuous process which depends upon the flight schedule of airliners at the airport. (c) It is further stated that once Spice Jet submit confirms flight schedule for Umroi airport, AAI will take immediate necessary measures for CAT-6 RFFS at Umroi airport. The pavement strength at Umroi airport is sufficient for Bombardier-Q400 aircraft. Space on the apron at Umroi airport is sufficient for parking of one Bombardier-Q400 aircraft and one ATR 72-600 aircraft. On receiving confirmation regarding flight schedule of Spice Jet or any other airliner, AAI will take immediate steps for providing apron marking for Bombardier-Q400 aircrafts. Precisely it is a categorical stand of AAI that Umroi airport in all respects is ready for operation. 2. (a) An affidavit has also been filed on behalf of Ministry of Civil Aviation wherein, it is stated that on 13.03.2019 a meeting was convened regarding operation of ATRs from Shillong to Delhi. Representatives of M/s Inter-Globe Aviation Limited, M/s Spice Jet and AASL were also present. After detailed deliberation with the representatives of the concerned airliners, it has emerged that ATR 72 aircraft can be technically operated from Delhi to Shillong but they have to undergo huge load penalty on the said route on account of distance which will have an adverse impact on the commercial viability of operations. However, representatives of airliners informed that they would explore the possibility to operate flights from Delhi to Shillong and vice versa section based on the technical and financial viabilities. (b) On behalf of Ministry of Civil Aviation earlier an affidavit was filed on 08.03.2019, similar position was projected at para 7 of the affidavit. 3. However, representatives of airliners informed that they would explore the possibility to operate flights from Delhi to Shillong and vice versa section based on the technical and financial viabilities. (b) On behalf of Ministry of Civil Aviation earlier an affidavit was filed on 08.03.2019, similar position was projected at para 7 of the affidavit. 3. It is quite disturbing and disgusting, after reaching to a point when Umroi airport as stated by AAI is fit for operation, airliners have reservations, this situation was not brought to the notice of the Court when the proceedings in Public Interest Litigation (PIL) were initiated. Needless to mention that initially the airport extension was with an object of making it fit for operation of Airbus from Delhi to Umroi airport a difficulty was projected regarding removal of three clusters at Umroi. All the stakeholders vide order of this Court dated 05.07.2018 were impressed upon to sit together and to suggest viable suggestions for making Umroi airport fit for operation. Affidavits were filed in terms whereof, it was assured that by removing clusters II and III, the airport will be fit for operation of ATR 42 and ATR 47. It is on that assurance further directions were issued and the Government of Meghalaya without wasting any time with all promptness took effective steps for completing that part of the work as was to be completed by them which they have successfully done. 4. A strange situation arose when the airliners started showing their disinclination for want of commercial viability. ATRs 72-600 are being operated in different areas only by few airliners i.e. Indigo, Spice Jet Airways and AASL (Alliance Airline Allied Services Limited). Faced with a strange situation all the airliners were put on notice. Some airliners clearly stated that they do not possess ATR 47 or ATR 72 therefore, rightly they have stated that they cannot operate. However, airliners who possess ATR 42, ATR 72 and Bombardier-Q400 projected difficulty of commercial viability. 5. Ministry of Civil Aviation was asked to convene a meeting with the airliners and to come up with a solution to the problem. However, airliners who possess ATR 42, ATR 72 and Bombardier-Q400 projected difficulty of commercial viability. 5. Ministry of Civil Aviation was asked to convene a meeting with the airliners and to come up with a solution to the problem. In a way now in terms of the affidavit filed, indirectly they are showing helplessness by stating that it is within the domain of airliners to operate or not to operate with a caveat that now airliners have been sensitized about the impact of Courts order, thereafter, all the participants were requested by Ministry of Civil Aviation to consider mounting air services from Shillong airport to Delhi. In the meeting as held by Ministry of Civil Aviation, it has been decided as it is reflected in the affidavits filed on 08.03.2019 and 15.03.2019 that airliners would continue to explore the possibility of connecting Umroi airport with metros. 6. Learned counsel for the AAI was confronted with the entire scenario of this PIL and the orders passed from time to time and also ramifications as well as fall out of this long drawn litigation and various steps taken by various stakeholders from time to time at various levels which include investment of huge amount, learned counsel was fair enough to state that AAI in consultation with Ministry of Civil Aviation and in coordination with airliners will explore viable possibility of connecting Shillong with metros, more particularly Delhi but for that two weeks time may be granted. 7. During the course of submissions, learned counsel Mr. PD Nair made it clear that for operating Indigo ATR 72-600 from Kolkata to Umroi airport, sometime is required as various steps have been taken in that direction. However, added that so far Indigo has not considered operation of ATR 72-600 from Delhi to Umroi airport, same will also be considered and result of consideration will be submitted to the Court. 8. Learned counsel for Spice Jet also stated that regarding Bombardier-Q400 possibility will be explored for its operation from Delhi to Umroi airport and back. 9. Learned counsel for the Defence Mr. K Paul brought to the notice of the Court that C.R. Jets which fly at high altitude were being operated by Air India earlier from Guwahati to Delhi with a flying time of 2 hours and 15 minutes. 9. Learned counsel for the Defence Mr. K Paul brought to the notice of the Court that C.R. Jets which fly at high altitude were being operated by Air India earlier from Guwahati to Delhi with a flying time of 2 hours and 15 minutes. Two airliners Air India and Zoom Airways possess C.R. Jets which they are operating if they agreed that will be more convenient because their flying time will be just two and a half hours whereas ATRs possessed by Indigo and Spice Jet as stated by their respective counsel will have flying time of more than four hours from Umroi airport to Delhi airport. 10. We have considered the entire gamut of the matter, faced with unique and strange situation as is now created, we are persuaded to grant two weeks time as prayed for by the learned counsel for Civil Aviation and AAI so as to enable them to hold immediate meeting with stakeholders which may include Zoom Airways and Air India and to come up with a concrete plan. 11. We make it clear that this matter has been catching attention for quite long time now it is compounding misery of the people of Meghalaya and also compounding difficulties of tourist to visit this tourist place, more particularly, we are concerned about the plight of the people in urgent situation like having medical facilities and other things or require a convenient travel from Umroi airport to Delhi airport. 12. We impress upon the authorities of Civil Aviation and AAI to prioritize the matter by holding a meeting and to come up with a concrete plan as to how and in what manner and by what time either C.R. Jets or ATR. 47, ATR 72-600 and Bombardier-Q400 can start operation from Delhi to Umroi airport. 13. Notice be issued to In-charge Zoom Airways and Air India for filing their respective responses about operation of C.R. Jets from Delhi to Umroi airport. 14. Ministry of Civil Aviation and AAI shall file an affidavit well before the date fixed so as to indicate in clear terms about preparation of the plan as aforesaid. 15. List again on 03.04.2019.