Delhi High Court - Orders
Indian Commercial Pilots Association vs Uoi And Ors on 23 February, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~42 to 44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6632/2012 & CM APPLs. 17494/2012, 8986/2023
INDIAN COMMERCIAL PILOTS ASSOCIATION ..... Petitioner
Through: Mr. Sanjoy Ghose, Sr. Adv. Mr. Ankit
Vijaywargiya & Mr. Rohan Mandal,
Advocates (M- 9811750540)
versus
UOI AND ORS ..... Respondents
Through: Ms. Nippun Sharma, Ms. Hetika
Vadhera, Ms. Anjana Gosain,
Advocates for R-1 & 4 (M-89295
10483).
Ms. Rukhmani Bobde, Mr. Azeem
Samuel, Mr. Shivam Chanana, Ms.
Saumya Priyadarshini, Mr. Amlan
Kumar and Mr. Advaya Singh,
Advocates for R-2 (M- 9311077171)
43 WITH
+ W.P.(C) 9721/2019 & CM APPLs. 40106/2019, 1941/2020
INDIAN PILOTS GUILD ..... Petitioner
Through: Mr. Nikhil Nayyar, Sr. Advocate with
Mr. Mahesh Agarwal, Mr. Rishi
Agarwal, Mr. Shubham Kulshreshtha,
Mr. Kaustubh Singh & Ms. Sugandha
Batra, Advocates.
versus
DIRECTOR GENERAL OF CIVIL AVIATION AND
ANR. ..... Respondents
Through: Ms. Rukhmani Bobde, Mr. Azeem
Samuel, Mr. Shivam Chanana, Ms.
Saumya Priyadarshini, Mr. Amlan
Kumar and Mr. Advaya Singh,
Advocates for R-2.
44 WITH
+ W.P.(C) 616/2023 & CM APPL. 2431/2023
FEDERATION OF INDIAN PILOTS ..... Petitioner
Through: Mr. Aniruddh Singh, Mr. Dhawesh
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI W.P.(C) 6632/2012 & connected matters Page 1 of 3
Signing Date:24.02.2023
17:19:53
Pahuja & Mr. Vaibhav Dwivedi,
Advocates (M-9999570591)
versus
DIRECTOR GENERAL OF CIVIL AVIATION ..... Respondent
Through: Ms. Nippun Sharma, Ms. Hetika
Vadhera, Ms. Anjana Gosain,
Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 23.02.2023
1. This hearing has been done through video conferencing.
2. These matters have to be finally heard.
CM APPLs. 8986/2023 in W.P.(C) 6632/2012
3. CM APPL. 8986/2023 has been filed seeking to place on record the certain additional documents which have been obtained under the RTI Act, 2005.
4. Considering the nature of the documents, the same are taken on record subject to all the objections which the Respondents wish to raise during the course of submissions. If the Respondents wish to rebut these documents, they are permitted to do so by filing rebuttal documents within six weeks.
5. CM APPL. 8986/2023 is disposed of.
CM APPLs. 1941/2020 in W.P.(C) 9721/2019
6. CM APPL. 1941/2020 has been filed seeking condonation of delay of 105 days in filing the short affidavit. For the reasons stated in the application, the delay in filing the affidavit is condoned.
7. CM APPL. 1941/2020 is disposed of.
8. Let rejoinder be filed in this matter within a period of 6 weeks.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 6632/2012 & connected matters Page 2 of 3 Signing Date:24.02.2023 17:19:53CM APPL. 2431/2023 in W.P.(C) 616/2023
9. Considering that the Civil Aviation Requirements (CAR) dated 24th April, 2019 is already under challenge in the W.P.(C) 9721/2019.
10. Issue Notice. Ms. Gosain accepts notice for DGCA. W.P.(C) 6632/2012 & CM APPLs. 17494/2012, W.P.(C) 9721/2019 & CM APPLs. 40106/2019, W.P.(C) 616/2023
11. If there is a requirement to file a counter affidavit, the Respondents may do so. Alternatively, both parties may file their respective convenience volume of documents which they rely upon in all these three petitions.
12. One of the submissions on behalf of the Petitioners is that the Director General Of Civil Aviation (DGCA) is currently undertaking consultations and finalizing their publication of the next CAR. Accordingly, the Petitioner Associations who are before this Court shall also be issued notice and their comments/inputs shall also be taken. After receipt of inputs, if there are any concerns to be addressed, the requisite steps can be taken in the next CAR.
13. Ld. counsel for the parties may file their short submissions, if they wish to do so and cite the authorities that they rely upon. The Respondents shall keep the records relating to the decision taken in respect of the CAR which is under challenge in the present case.
14. List all the petitions for hearing on 8th August, 2023.
PRATHIBA M. SINGH, J FEBRUARY 23, 2023 Rahul/KT Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 6632/2012 & connected matters Page 3 of 3 Signing Date:24.02.2023 17:19:53