The Delhi High Court in the case Delhi International Airport Limited v. Union of India and Anr. observed wherein the Delhi International Airport Limited, DIAL has moved the court challenging the decision of the Union Ministry of Civil Aviation in October last year to allow the Airports Authority of India, AAI to commence commercial flight operations at the Hindon Airforce Station situated in Uttar Pradesh’s Ghaziabad.
The bench headed by Justice Subramonium Prasad in the case observed and has issued the notice on the petition moved seeking response of the Union Government and AAI in the matter.
the court observed that DIAL is a joint venture of the GMR led consortium and AAI and also undertakes functions concerning operations and maintenance of the Indira Gandhi International Airport.
Therefore, DIAL has also challenged a communication issued by AAI inviting various airline operators to increase flight operations and file their respective flight schedule for availing slots at the Hindon Airforce Station.
It being the case of DIAL that the impugned decision and communication are in the teeth of Union Government’s policies, including the Policy on Airport Infrastructure, 1997, which mandates that no greenfield airport will be allowed within an aerial distance of 150 kilometres of an existing airport.
The petition moves stated that Centre’s decision is arbitrary, unfair and unsustainable as it does not satisfy the tests in the 1997 Policy as well as the Greenfield Airport Policy and the National Civil Aviation Policy, 2016, for setting up a new greenfield airport within 150 kms of an existing airport.Further, the petition states that the impugned Decision, Impugned Proposal, and Impugned Communication also fails to consider that already a greenfield airport is being developed at Jewar with ultimate passenger capacity of more than 100 mppa within 150 km of the IGIA. Thus, the aggregate passenger capacity of about 250 mppa is being created in the NCR, which is projected to be sufficient till 2050.Adding to it, the court stated that allowing the Hindon Airforce Station to be used for scheduled commercial operations to cater to the same catchment area, even before IGI Airport and the airport at Jewar reach their saturation capacity, would seriously impact the viability of IGI Airport.
The petition stated that it would not only be detrimental to the existing airport i.e. IGIA but also render the upcoming airport at Jewar and Hindon Airforce Station, if it is permitted to be developed into a greenfield airport, unviable as it would result in three weak airports, with all competing and eating into the revenues of each other.
Accordingly, the court listed the matter for further consideration on March 07, 2024.
