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Judgment
Vide our order dated 03.10.2018, we had directed the Air India Authorities to re-consider their stand and come with the positive proposal. We had
also directed that other private airlines be informed about the stand of respondent No.2-Ministry of Defence giving their willingness and cooperation
for operating the flights in the morning and after dusk hours. We had also directed Mr.Gaurang Sethi, North India General Manager of Jet Airways to
be present before this Court today.
Mr.Gaurang Sethi, North India General Manager (Commercial), Jet Airways is not present before this Court. Learned counsel for the Jet Airways
has pointed out that the name of General Manager of Jet Airways was erroneously mentioned as Gaurang Sethi, whereas, Senior General Manager
(Schedule Planning & Projects) of Jet Airways is Mr.Naville Mehta. An application for exemption from appearance has been filed.
It is further stated by learned counsel that offer/request to operate their flights in the morning and after dusk hours is under active consideration. We
may note that on 05.03.2018, Ms.Kshma Purohit, learned counsel for the Jet Airways had stated that Jet Airways is prepared to connect Jodhpur with
flights which can land at night.
We are aware of the fact that the only problem was with respect to ILS as there was doubt that the same was not operational. Today, it is clear as
informed to us by the learned counsel for the Airport Authority that ILS is fully operational. Wing Commander Mr.Sardul Singh who was present in
the Court on the last date of hearing and is also present today, has already given an assurance that in case, the airlines decide to operate the flights in
the morning and after dusk hours between 6 a.m. to 8 p.m., the needful itself be done and the sanction for the same will be duly provided by the
Central Government. Thus, both the air-force as well as Airport Authority has extended their cooperation. Hence, we find no difficulty in the airlines
now going ahead for operating the flights during the morning and evening hours in order to facilitate the residents, tourists, other visitors and
professionals for administration and business as well as emergency purposes.
Mr. K.K. Bissa, learned counsel for the Airport Authority has placed on record the additional affidavit along with the various letters written to the
private airlines bringing to their notice about infrastructure and facility now available for operating the flights in the morning and dusk hours. We are
told that the said letters have been duly received but no one is present on their behalf. Accordingly, on the oral request of the learned Senior counsel
Mr.M.S.Singhvi, the following airlines are ordered to be impleaded as respondents No.11 to 16:
Go Airlines (India) Ltd. through its Chief Executive Officer, 1st Floor, C-1, Wadia International Center (WIC) Pandurang Budhkar Marg, Worli,
Mumbai (Mah.)-40025.
Indigo Airlines through its Chief Executive Officer, Level-1, Tower C, Global Business park, Mehruali Gurugram Road, Gurugram (Haryana)-
122002.
Tata Sia Airlines Ltd. through its Chief Executive Officer, Jeevan Bharti Tower-1, 10th Floor, 124, Connaught Circus, New Delhi-11001.
Spice Jet Ltd., through its Chief Executive Officer, 319, Udyog Vihar, Phase-4 Gurugram, Haryana-122016.
Air Coasta, through its Chief Executive Officer, Shiva Yogiswari Estate, 59-13-34, Ramchandra Nagar, Vijaywada (A.P.)-520008.
AIR Asia India Ltd. through its Chief Executive Officer, Ground Floor, Alpha-1, Kempegowda International Airport, Devenhalli, Bengaluru (KT)-
560300.
Notices be issued to them, returnable on or before 26.11.2018.
The matter is being adjourned for one month to enable the respective airlines to take a definite and positive decision before the next date. Copy of this
order be sent along with notices to the newly impleaded respondents-airlines so that there is no ambiguity in the communication of the order of this
Court. Mr.K.K.Bissa, Adv. is also directed to seek instruction with respect to providing the taxi parking of minimum 7 additional aircraft.
The presence of Mr.Naville Mehta, Senior General Manager (Schedule Planning & Projects) of Jet Airways is exempted for today but we expect him
to be present before this Court on the next date of hearing.
Put up on 26.11.2018.