Meghalaya High Court
Registrar General, vs . State Of Meghalaya & Ors. on 3 May, 2019
Bench: Mohammad Yaqoob Mir, H.S.Thangkhiew
Serial No. 1
Regular. List
HIGH COURT OF MEGHALAYA
AT SHILLONG
MC[(WPC)]. No. 79 of 2016
Date of Order : 03.05.2019
Registrar General, Vs. State of Meghalaya & Ors.
High Court of Meghalaya.
Coram:
Hon'ble Mr. Justice Mohammad Yaqoob Mir, Chief Justice
Hon'ble Mr. Justice H.S.Thangkhiew, Judge
Appearance:
For the Petitioner/Appellant(s) : None.
For the Respondent(s) : Mr. N.D.Chullai, Addl. AG with
Ms. R.Colney, GA.
Ms. A.Paul, ASG.
Mr. K.Paul, CGC for R 4 & 5.
Mr. D.K.Kalita, Adv. for R14.
Mr. P.D.Nair, Adv. with Mr. H.Rahman, Adv. for R 15.
Mr. A.Sharma, Adv. for R 17.
Mr. S.Jindal, Adv. for R 21.
1. In terms of the order dated 23-04-2019 respondent No. 21 (Zoom Airways) was given liberty to have instruction from the Ministry of Civil Aviation regarding extent of subsidies available under Regional Connectivity Scheme-UDAN (Sector Delhi/Hindon-Shillong), the concerned authority was also asked to make the position clear to the representatives of the Zoom Airways. It appears that the Ministry of Civil Aviation has vide its letter dated 26-04-2019 conveyed to the respondent No. 21 that subsidies and other benefits to the selected airlines under Regional Connectivity Scheme is available on the official websites of the Ministry of Civil Aviation and the Airport Authority of India (Implementing Agency).
2. Respondent No. 21 has filed an affidavit stating therein that the Regional Connectivity Scheme as exist today was formulated to address only the regional short duration flights as such, was not designed for long duration flights like the 1 one between Shillong to Delhi. The viability cap funding is limited to flights only for length of 800 kms, an airliner which fly beyond 800kms will receive the same subsidy as for 800 kms length. Further, it has been reiterated that respondent No. 21 has desire to operate on the Shillong - Delhi route.
3. According to learned ASG appearing for Ministry of Civil Aviation and Airport Authority of India, the apprehension of respondent No. 21 is imaginary, the subsidy is linked with 50% of the seats and not linked with the length, the capping per seat is also on higher side which will take care of the financial implication of respondent No. 21.
4. According to learned counsel for respondent No. 21 position is not clear. It was suggested to the learned counsel for the parties to arrange a meeting between a responsible Officer of the Ministry of Civil Aviation and the representative of Zoom Airways so as to work out a solution to the problem, to the satisfaction of both and then to file affidavit so as to indicate that by operation of flights from Delhi to Umroi and back on the basis of available subsidy Zoom airways will not suffer any financial loss or if it is otherwise how same can be taken care of.
5. The proceedings of this Public Interest Litigation have been hanging for quite a long time, sufferer is none but the inhabitants of the State of Meghalaya. Outer limit for operation of the flights has long back expired. Due to subsequent developments, serious efforts were made so as to pave way for operation of the flights. In the process, we appreciate the desire of Zoom Airways to operate from Delhi to Umroi and back subject to certain subsidy protection.
6. For dispelling the apprehension of the Zoom Airways, we direct Secretary, Ministry of Civil Aviation to have a meeting with the authorised representative of Zoom Airways. After proper discussion to address the genuine concern of respondent No. 21 and to come up with a lasting solution within one week.
7. Learned ASG assured that in the next week requisite meeting will be arranged and thereafter an affidavit will be filed. Learned counsel for the respondent No. 21 also assured that an authorised representative of Zoom 2 Airways shall be available next week any time, as and when will be called for the meeting with the Secretary, Ministry of Civil Aviation.
8. Post on 14-05-2019.
(H.S.Thangkhiew) (Mohammad Yaqoob Mir)
Judge Chief Justice
Meghalaya
03.05.2019
"S.Rynjah PS"
3